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HomeMy WebLinkAboutagenda.council.regular.20221011AGENDA CITY COUNCIL REGULAR MEETING October 11, 2022 3:30 PM, City Council Chambers 427 Rio Grande Place I.Call to Order II.Roll Call III.Executive Session ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/86823959171? pwd=N3JHVW9DNDFvR1VBZjMremFYWVdXdz09 Passcode: 188739 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 or +1 346 248 7799 Webinar ID: 868 2395 9171 Passcode: 188739 International numbers available: https://us06web.zoom.us/u/kdJYGD1V8J Pursuant to C.R.S. Section 24-6-402(4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions; (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; and, (4)(f) Personnel. 1 IV.Scheduled Public Appearances IVA.Swearing in of Police Officers Adam King and Leandra Michelsen V.Citizens Comments & Petitions VI.Special Orders of the Day VII.Consent Calendar VIIA.Resolution #107, Series of 2022 - ATS Rocky Mountain HVAC Maintenance Contract VIIB.Resolution #115, Series of 2022 - Streets Department CMU Repairs and Resealing of Shop Floor VIIC.Resolution #117, Series of 2022 - Galena Street and Hyman Avenue Stop Sign Addition VIID.Resolution #118, Series of 2022 - Red Brick Sewer Repair Contract with Stutsman- Gerbaz, Inc. The specific items of discussion involve the following: 1. City Manager Review 2. Forest Service Land Lease Negotiations 3. Burlingame Ranch III delay update 4. Tarada, LLC Damage Claims (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports (These matters may be adopted together by a single motion) City_Council_Memo_for_ATS_Rocky_Mountain_PRofessional_Services_contract.docx Resolution__107__ATS_Rocky_Mountain (Final).doc Professional Services Agreement ATS July 2022.docx.pdf 40111 & 40005 Streets Department - Council Memo.pdf Resolution.council.115.22.pdf Exhibit A Professional Services Agreement - Summit Sealants Signed 9.29.22.pdf Routing Slip - Summit Sealants.docx Reso 117 Memo for 10-11 Session.pdf Reso 117.pdf 100322_Council_Memo_Red_Brick_Sewer_Line_Repair_Final.pdf Council_Resolution_2022-118_Stutsman-Gerbaz_Inc.rtf CONTRACT FOR CONSTRUCTION_Stutsman-Gerbaz_Red Brick Sewer_2022-09- 30__SG.pdf 2 VIII.Notice of Call-Up VIIIA.HPC approval for 312 W. Hyman – Conceptual Major Development IX.First Reading of Ordinances X.Public Hearings XI.Action Items XIA EOTC Preparation XII.Reconvene Executive Session if Necessary XIII.Adjournment Notice of Call Up Memo.312 W Hyman.pdf Exhibit A_HPC memo April 27 2022.pdf Exhibit B_Approved plans.pdf Exhibit C_Meeting minutes April 27 2022.pdf Exhibit D_HPC Resolution 6 2022.pdf EOTC Packet - Oct 27 2022.pdf 3 MEMORANDUM TO:Mayor and City Council FROM:Nancy Nichols, Kids First THROUGH:Sara Ott, City Manager Diane Foster, Assistant City Manager Jim True, City Attorney MEMO DATE:September 3, 2022 MEETING DATE: RE:City of Aspen – ATS Rocky Mountain Professional Service Contract REQUEST OF COUNCIL:The purpose of this memo is for City Council approval of a service contract with ATS Rocky Mountain. Attachment “A” SUMMARY AND BACKGROUND: The Yellow Brick Building HVAC system is controlled by Ascent Compass Energy Software (a proprietary software). ATS Rocky Mountain is an authorized dealer of Alerton Ascent building automation software. Alerton is a business unit of Honeywell Building Technologies. There are no local companies with the expertise or experience of ATS Rocky Mountain. ATS Rocky Management has been servicing and management this system at the Yellow Brick for over 15 years. DISCUSSION: ATS Rocky Mountain has been managing this system at the Yellow Brick for over 15 years and knows and understands the Yellow Brick building layout and components of the system. We recently install new Lochinvar Boilers and ATS Rocky Mountain was a key vendor ensuring that the new boilers worked correctly with the existing Ascent Compass system. ATS Rocky Mountain understands all the essential features of the existing system and is the best qualified candidate to continue the service and support. ATS Rocky Mountain completes a yearly inspection and evaluation of heating computer functions, system technology, equipment function in 14 classrooms, gymnasium, conference room, kitchen, laundry, offices and the common areas, Boiler inspection, Evaluation of fresh air and circulation and System performance both on-line and on-site. They are available 24/7 for emergency response services and customer support with system and computer technology at a reduced cost both on-line and in-person. 4 FINANCIAL IMPACTS: ATS Rocky Mountain has worked with us on pricing allowing for no increase over the next 5 years (flat rate of $12,252 per year) and to provide us with reduced hour support rates. This provides Kids First greater flexibility within the building budget to handle other challenges as they arise and otherwise provides a good value for the City. Conversely, the cost of educating a different vendor and/or installing a different system would be a cost prohibitive for the Yellow Brick and would not be beneficial financially. ENVIRONMENTAL IMPACTS: Priority is being considered for the most efficient heating of the Yellow Brick building with maintaining and supporting a software system that will automatically consider the demand for heating and air flow as well as the lack of demand for heating and air flow during times when the building is and is not in occupied. ALTERNATIVES:Council could choose to request a change in systems and maintenance for the Yellow Brick building heating system. RECOMMENDATIONS:Staff recommends council approval of resolution 22-107 for 5 year professional service contract with ATS Rocky Mountain. ATTACHMENTS: A: Resolution #107-22 B: ATS Rocky Mountain Professional Services Contract CITY MANAGER COMMENTS : 5 RESOLUTION #107 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ATS ROCKY MOUNTAIN AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for professional services between the City of Aspen and ATS Rocky Mountain, a true and accurate copy of which is attached hereto as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for professional services between the City of Aspen and ATS Rocky Mountain, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11 th day of October 2022. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 11, 2022. Nicole Henning, City Clerk 6 Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2022-260 AGREEMENT made this 20 day of July, in the year 2022. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: ATS Rocky Mountain c/o Matt Gompert 8200 S. Akron Street #117 Centennial, CO 80112 Phone: 303-799-1887 For the Following Project: Annual HVAC Maintenance Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: ___________________________ Resolution No.:___________________ Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total: $61, 260.00 over a 5 year period DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 7 Agreement Professional Services Page 1 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 31 2027. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 8 Agreement Professional Services Page 2 use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 9 Agreement Professional Services Page 3 claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers’ Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and TWO MILLION DOLLARS ($2,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 10 Agreement Professional Services Page 4 (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 11 Agreement Professional Services Page 5 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. “Basic Pilot Program” means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. “Public Contract for Services” means this Agreement. “Services” means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 12 Agreement Professional Services Page 6 employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program pri or to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 13 Agreement Professional Services Page 7 (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 18. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 19. General Terms. DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 14 Agreement Professional Services Page 8 (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 20. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 15 Agreement Professional Services Page 9 shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 25. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 26. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approve as to Form: _____________________ City Attorney DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856 Managing Partner Matt Gompert 7/26/2022 | 11:53:14 AM MDT DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 16 Agreement Professional Services Page 10 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT 1. System Technology Updates & Operational Technology (OT) Service Technology updates Building Automation System Operational Services 2. Equipment Functional Performance Testing and Analytics Air Handler Functional Performance Testing Boiler/Hot Water System Functional Performance Testing 3. System Performance Services; On-line/On-site Services On-line services Troubleshooting and Diagnostics Assistance On-site services Building Control System Database Protection Building Control System Analysis Flex hour Support Services 4. Emergency Response Services On-line Emergency Response On-Site Emergency Response After-Hour Support 5. General ATS Customer Support Agreement Features Account Management Quality Assurance Program Dedicated Service Team Documentation Price Advantage-Discounted Labor and Materials DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 17 Agreement Professional Services Page 11 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule DocuSign Envelope ID: CBE98F37-F427-40AF-9C6B-3F4DF0F70856DocuSign Envelope ID: 9C13D3B3-6E12-4292-BC34-C2DE67F2DB92 18 MEMORANDUM TO: Mayor Torre and City Council FROM: Ben Levenson, Project Manager II, Asset Management THROUGH: Rob Schober, Director, Asset Management MEMO DATE: September 27th, 2022 MEETING DATE: October 11th, 2022 RE: Streets Department CMU Repairs and Resealing of Shop Floor REQUEST OF COUNCIL: Approval of a contract with Summit Sealants in the amount of $86,443 for the repair of CMU walls, sealing of an exterior wall, and resealing of shop floor in the Streets Department Maintenance Shop building SUMMARY AND BACKGROUND: The Streets Department Maintenance building paint on the interior and west facing exterior of the wash bay CMU walls is failing. This is causing accelerated spalling of the CMU walls. The failing paint on the exterior wall is allowing moisture to enter from the outside in. The sand bay CMU wall has experienced normal wear and tear from use over the years. Filling the damage and resealing will prevent further degradation of the wall. The shop floor coating has exceeded its serviceable life span of 15 years. Resealing the floor will allow for it to repel moisture as intended, allow for easier cleaning, and extend the lifespan of the concrete shop floor. DISCUSSION: Staff is recommending approval of the attached contract ‘Exhibit A’ with Summit Sealants. Summit sealants was the only vendor who can perform all required work that provided a proposal. Staff reached out to other qualified contractors who were either unresponsive and/or unable to perform the work in a timely manner. FINANCIAL IMPACTS: The project will be funded through the 000 AMP Fund. $255,200 of spending authority for the Streets Building Facilities Maintenance Project 40111 is allocated in 2022. $47,500 of spending authority for the Streets Building Exterior Maintenance Project 40005 is allocated in 2022. For the Summit Sealants contract, $60,043 of interior work will be funded through project 40111and $26,400 of exterior work will be funded through project 40005. 19 ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: If the project is not performed moisture will continue to ingress into the walls and further damage the CMU walls and coatings. The shop floor will continue to wear at a faster rate if it is not resealed. The concrete floor of the building will begin to wear if the shop floor coating is not reapplied. RECOMMENDATIONS: Staff recommends approval of the Summit Sealants contract. CITY MANAGER COMMENTS : 20 RESOLUTION # 115 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND SUMMIT SEALANTS AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Streets Department Building CMU wall repair and shop floor sealing, between the City of Aspen and Summit Sealants, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for $86,443, between the City of Aspen and Summit Sealants, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of October, 2022. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 11th, 2022. Nicole Henning, City Clerk 21 Agreement Professional Services Page 0 Summit Sealants 2450 N. Townsend Ave Montrose, Colorado 81401 Phone: 970-240-5971 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: ____________. AGREEMENT made this 27th day of September, in the year 2022 BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: For the Following Project: Miscellaneous repairs and re-painting to masonry and resealing shop floor of the Streets Department building. Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: 10/11/22 Resolution No.: 115 Exhibit A: Proposal including Scope of Work, Hourly Rates, Estimated Fess & Expenses $86,443.00 22 Agreement Professional Services Page 1 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 1, 2022. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to 23 Agreement Professional Services Page 2 use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any 24 Agreement Professional Services Page 3 claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies 25 Agreement Professional Services Page 4 shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete 26 Agreement Professional Services Page 5 performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Consultant who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Consultant certifies and represents that at this time: 1. Consultant shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 27 Agreement Professional Services Page 6 2. Consultant has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. Consultant hereby confirms that: 1. Consultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Consultant shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Consultant shall: 1. Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the worker without authorization; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. 28 Agreement Professional Services Page 7 If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 18. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 19. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. 29 Agreement Professional Services Page 8 (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 20. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently 30 Agreement Professional Services Page 9 debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 25. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 26. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approve as to Form: _____________________ City Attorney General Conditions and Special Conditions can be found on City of Aspen Website. https://www.cityofaspen.com/497/Purchasing Summit Sealants, Inc. Jacob Holland Vice President 9/29/22 31 Agreement Professional Services Page 10 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT 32 September 19, 2022 Page: 1/4 “At the Top of the Industry in the Western United States for Over 20 Years” Denver Office 2000 W. Quincy Ave Englewood, CO 80110 P: 720-389-8633 F: 720-242-9276 Main Office/Accounting 2450 N. Townsend Ave Montrose, CO 81401 P: 970-240-5971 F: 970-240-0951 Seattle Office 4210 B St NW, Ste A Auburn, WA 98001 P: 253-243-6172 F: 253-243-6194 In accordance with The City Of Aspen request to perform Misc. repairs at the above-mentioned property, we are providing our proposal for review and approval. All work will be performed as directed by the City of Aspen. All materials approved and specified will be installed in accordance with the manufacturer written recommendations. Resealing S hop A rea Floor General Conditions 1) Mobilize/de-mobilize, Overhead & Profit, Safety, Insurance, Lodging and Subsistence, etc.. Scope of Work 1) Grind existing floor. 2) Demo/Prep all unsound or spalled concrete. Repair areas with epoxy mortar. 3) Route existing cracks and perform epoxy gravity feed repair. 4) Remove all existing sealants, install MM80 epoxy sealant. 5) Seal concrete with Prosoco Concrete Protector SB. Total to repair and reseal the shop area floor $33,162.00 Exterior C MU Repairs General Conditions 1) Mobilize/de-mobilize, Overhead & Profit, Safety, Insurance, Lodging and Subsistence, etc.. September 19, 2022 Email: ben.levenson@aspen.gov 427 Rio Grande Place Aspen, CO 81611 Re: Streets Department building repairs 33 September 19, 2022 Page: 2/4 “At the Top of the Industry in the Western United States for Over 20 Years” Denver Office 2000 W. Quincy Ave Englewood, CO 80110 P: 720-389-8633 F: 720-242-9276 Main Office/Accounting 2450 N. Townsend Ave Montrose, CO 81401 P: 970-240-5971 F: 970-240-0951 Seattle Office 4210 B St NW, Ste A Auburn, WA 98001 P: 253-243-6172 F: 253-243-6194 Scope of Work 1) Prep damaged CMU to achieve a suitable sound substrate 2) Patch repair, texture to match existing. 3) Epoxy inject cracks at 2 locations. 4) Paint repair area to match existing. Total to repair Damaged CMU $7,425.00 Recoat In terior Walls (Wash Bay ) General Conditions 1) Mobilize/de-mobilize, Overhead & Profit, Safety, Insurance, Lodging and Subsistence, etc.. Scope of Work 1) Media blast existing walls 2) Prep and repair minor spalled concrete. 3) Paint/Coat exiting walls with a minimum of two coats. Total to recoat the interior walls at the wash bay $26,881.00 Seal West Exterior wall (Wash Bay ) General Conditions 1) Mobilize/de-mobilize, Overhead & Profit, Safety, Insurance, Lodging and Subsistence, etc.. Scope of Work 1) Remove any loose/delaminated existing paint. 34 September 19, 2022 Page: 3/4 “At the Top of the Industry in the Western United States for Over 20 Years” Denver Office 2000 W. Quincy Ave Englewood, CO 80110 P: 720-389-8633 F: 720-242-9276 Main Office/Accounting 2450 N. Townsend Ave Montrose, CO 81401 P: 970-240-5971 F: 970-240-0951 Seattle Office 4210 B St NW, Ste A Auburn, WA 98001 P: 253-243-6172 F: 253-243-6194 2) Remove and install new joint sealant at control joints, doors, and windows. 3) Wash the existing wall of all debris and achieve a dust-free substrate. 4) Coat the existing wall, color to match the existing dark brown. Total to seal the west exterior wall at the wash bay $18,975.00 Please note that pricing would be reduced if all scopes of work mentioned above can run concurrently under one contract. The proposed work is to be completed during special working hours M -F, 7:00 am – 3:30 pm. Payment Terms: “Net 30 Days. Price is valid for 30 days.” This proposal is proprietary and confidential, intended only for the recipients addressed above. Payment Terms: “Net 30 Days. Price is valid for 30 days.” This proposal is proprietary and confidential, intended only for the recipients addressed above. Due to the rapid change in cost associated with materials and labor Summit Sealants reserves the right to adjust the pricing accordingly. Pricing is based on current material costs and labor rates. General Exclusions: Adequate- water, power, sanitation, staging/laydown area, notifying tenants/public of noise associated with work, landscaping, temporary storage, uninterrupted access to work location, Removal or replication of any interior furnishings, including window 35 September 19, 2022 Page: 4/4 “At the Top of the Industry in the Western United States for Over 20 Years” Denver Office 2000 W. Quincy Ave Englewood, CO 80110 P: 720-389-8633 F: 720-242-9276 Main Office/Accounting 2450 N. Townsend Ave Montrose, CO 81401 P: 970-240-5971 F: 970-240-0951 Seattle Office 4210 B St NW, Ste A Auburn, WA 98001 P: 253-243-6172 F: 253-243-6194 treatments and coverings, multiple mobilizations/demobilizations, Fencing, abatement, Parking, any scope of work outside of what is mentioned in this proposal. Summit Sealants and Restoration Services Inc. proposal is based on its review of physical onsite conditions and on our experience in the industry performing similar scopes of work. Should work reveal hidden problems or defects, changes may be required in the scope of work with additional costs associated with this new work. Upon review and approval Summit Sealants and Restoration Services Inc. Will submit all necessary schedules, mock-ups, samples, technical data sheets etc. Sincerely, Summit Derek Reece Project Manager 970-901-6698 Derekr@summitsealants.com 36 Streets Department Building Maintenance –Summit Sealants Contract Page 1 of 2 ROUTING SLIP Project Information Project Name Streets Facility Maintenance Project Number 40111/40005 Capital Project Number Project Manager Ben Levenson Department Asset Estimated Cost $86,443 Budgeted Amount $290,632 Account Codes 000.321.81300.57310.40111/000.321.81300.57310.40005 Project Description Give clear description of the project, work to be done, or items purchased Resealing on concrete shop area floor. Repair damaged exterior CMU walls at sand bay and west exterior wall(wash bay) Recoat interior wash bay walls Vendor Selection Process Describe how vendor was seleted Summit sealants was the only vendor that was able to perform all required work to provide a quote. Gallegos was contacted to provide a quote but was unresponsive. Contract Value Sole Source & State Bid Dept. Head Signature Procurement Officer Signature City Attorney Signature City Manager Signature Resolution: Meeting Date & Number (Required for Contracts $50,000 +) 37 Streets Department Building Maintenance – Summit Sealants Contract Page 2 of 2 Contracts Up To $24,999 Dept. Head Signature City Attorney (Depending on Contract Template) Signature Contracts Over $25,000 to $49,999 Dept. Head Signature Procurement Officer Signature City Attorney Signature City Manager Signature On Contract Only Contracts over $50,000 & Up Dept. Head Signature Procurement Officer Signature City Attorney Signature City Manager On Contract Once Vendor Signs & Council Resolution Adopted Resolution Date & Number: Emergency Procurement In the case of an emergency which threatens the public health, welfare, or safety requiring the immediate purchase of a supply, service or construction, the City Manager shall have the power to authorize the Procurement Officer to secure the necessary items or service in the open market without competition regardless of the amount of expenditure. In no event, shall the contract price exceed commercially reasonable prices. Date Supplier Selected Contract Amount Emergency Conditions/Situation If over $50,000 Memo to Council Date Approval Requirements Dept. Head Signature Procurement Officer Signature City Attorney Signature City Manager Signature 38 MEMORANDUM TO: Mayor and City Council FROM: Trish Aragon, P.E., City Engineer Pete Rice, P.E., Deputy City Engineer THROUGH: Scott Miller, Public Works Director MEMO DATE: October 11, 2022 RE: Resolution No. 117-2022 Safety in the Core: Stop Sign REQUEST OF COUNCIL: Staff is requesting approval for the placement of a stop sign located at the intersection of Hyman Avenue and Galena Street through C.R.S. Section 42-4-105. SUMMARY AND BACKGROUND: Since early 2021, City staff and Council have explored options for increasing safety in the downtown core for pedestrians, cyclists, and vehicles; improving mobility and connectivity; and making the roadway more equitable for all users. The initiation of the Galena Cooper Living Lab during the summer of 2022 allowed the public to test physical changes to the roadway to create a safer downtown core. As the living lab concluded, Council discussed the opportunity to place a stop sign at Galena Street and Hyman Avenue to increase safety. DISCUSSION: The Federal Highway Administration (FHWA) publishes the Manual on Uniform Traffic Control Devices (MUTCD), which contains all national design, application, and placement standards for traffic control devices. The purpose of these devices, which includes signs, signals, and pavement markings, is to promote highway safety, efficiency, and uniformity so that traffic can move efficiently on the Nation's streets and highways. Federal, State and local laws required that government agencies use the MUTCD for determining which traffic control devices to use and how each device may be used. A stop sign is considered a traffic control device. Section 42-4-105, C.R.S., states that all traffic control devices placed or maintained by local authorities shall conform to the most recent edition of the federal MUTCD and the state supplement thereto. According to Colorado State Statue 42-4-105, cities may establish their own warrants or modify those suggested by the MUTCD to suit their context. Specifically, local authorities in their respective jurisdictions shall place and maintain such traffic control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this article or local traffic ordinances or to regulate, warn, or guide traffic, subject in the case of state highways to the provisions of sections 42-4-110 and 43-2- 39 135(1)(g), C.R.S. All such traffic control devices shall conform to the state manual and specifications for statewide uniformity as provided in section 42-4-104. Council and the public studied the intersection of Galena Street and Hyman Avenue during the living lab in the summer of 2022. A stop sign was proposed for the southbound traffic on Galena Street at the intersection, which would create a two way stop. Due to the high amount of pedestrians crossing Galena Street, a stop sign would reduce the negative interactions between vehicles and pedestrians at this intersection. Council has the authority to direct staff to place the stop sign through C.S. 42-4-104. FINANCIAL IMPACTS: Financial impacts are estimated to be less than $500. ENVIRONMENTAL IMPACTS: A slight increase in carbon emissions would be expected with an addition of a stop sign. ALTERNATIVES: · Perform a full warrant: Instead of installing the stop sign immediately, the City could wait and perform a warrant during the summer of 2023 to determine if the pedestrian volume at this intersection warrants additional stop signs. · Install alternative measures for Pedestrian Safety: The City could investigate other alternatives to improve pedestrian interactions at the intersection. RECOMMENDATIONS: A city may establish their own warrants or modify those suggested by the MUTCD to suit their context and Council can approve the installation of an additional stop sign on Galena Street and Hyman Avenue. As a result, it is recommended that that Council approve Resolution No. 117 of 2022 for placement of a stop sign to increase the safety of the intersection. CITY MANAGER COMMENTS: 40 RESOLUTION #117 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN ADDITIONAL STOP SIGN AT THE INTERSECTION OF GALENA STREET AND HYMAN AVENUE WITHIN THE CITY OF ASPEN. WHEREAS, there has been submitted to the City Council a memo outlining the circumstances at the intersection, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the installation of an stop sign at the Galena Street and Hyman Avenue intersection. RESOLVED, APPROVED AND ADOPTED by the City Council of the City of Aspen on the 11th day of October 2022. ________________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 11, 2022. ________________________________ Nicole Henning, City Clerk 41 MEMORANDUM TO: Mayor and City Council FROM: Scott Chism, Business Services Director, Parks & Recreation THROUGH: Austin Weiss, Parks and Recreation Director MEETING DATE: October 3, 2022 RE: Contract for Construction approval--Red Brick Sewer Line Repair REQUEST OF COUNCIL: The Parks and Recreation Business Services Division is seeking City Council approval for a $96,608.00 Contract for Construction associated with making repairs to the Red Brick Arts Building sanitary sewer service lines. SUMMARY / BACKGROUND: The Red Brick Arts Building has many aging components of building operations infrastructure, including two sanitary sewer service lines that service the east and west sides of the building. The building has been subject to repeated sewer line clogs and disruptions, creating negative impacts for the building occupants and tenants. Through in-pipe camera assessment efforts by the Business Services Facilities team, a clearer assessment of the sewer line challenges has been established. That assessment indicates that the sewer service lines are compromised in multiple locations and that repair is required as soon as possible to avoid a potential emergency repair. A 2022 capital maintenance budget (project 40021) is established for this work to occur. DISCUSSION: Business Services selected Stutsman-Gerbaz, Inc. as the vendor for this work under a sole sourcing agreement. Staff worked closely with Stutsman-Gerbaz, Inc. representatives to establish a comprehensive scope of work to repair the aged sanitary sewer lines. Stutsman-Gerbaz, Inc. has successfully completed sewer line repair work within the City of Aspen and has direct experience with replacement of the sanitary sewer mainline pipe, completed a few years ago for the Aspen Consolidated Sanitation District (ACSD), located immediately north of the Red Brick building. The proposed repairs to the Red Brick sewer lines must connect to the sanitary sewer mainline pipe. Stutsman-Gerbaz, Inc. is available to initiate the proposed work scope by mid-October with the intent to have the repairs completed before late November 2022. FINANCIAL/BUDGET IMPACTS: The procurement for the Red Brick sewer line repairs/maintenance is included in the 2022 General Fund Capital Maintenance Budget, as project 40021, Red Brick Sewer Maintenance. The Contract for Construction value of $96,608.00 is within the available 2022 project funding. 42 ENVIRONMENTAL IMPACTS: The repair of the Red Brick Arts sanitary sewer service lines allows for a fully functional building sewer system. A building sewer system that is not creating problems for the building occupants and tenants ultimately eliminates vehicle trips into/out of town for frequent sewer line service calls/cleanouts. Environmental mitigation resulting from a fully failed sewer service line condition will be avoided. ALTERNATIVES Council can choose to not approve the Contract for Construction value that was provided by Stutsman- Gerbaz, Inc. The condition of the Red Brick building sewer service lines would continue to degrade to a point of failure and an emergency repair would result, possible to occur sometime in winter 2022-2023. A wintertime emergency repair to the sanitary service line would ultimately be more disruptive to Red Brick occupants and tenants as well as become a more costly repair for the City to complete. STAFF RECOMMENDATIONS: Staff recommends approval of the Contract for Construction value of $96,608.00 with Stutsman-Gerbaz, Inc. to allow sewer line repair work to proceed in October following City Council approval. CITY MANAGER COMMENTS: 43 RESOLUTION #118 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR CONSTRUCTION BETWEEN THE CITY OF ASPEN AND STUTSMAN-GERBAZ, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,COLORADO. WHEREAS, there has been submitted to the City Council a Contract for Construction between the City of Aspen and Stutsman-Gerbaz, Inc., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Construction between the City of Aspen and Stutsman-Gerbaz, Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of October 2022. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 11th, 2022. Nicole Henning, City Clerk 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Amy Simon, Planning Director MEMO DATE: October 3, 2022 MEETING DATE: October 11, 2022 RE: Notice of Call Up, HPC approval for 312 W. Hyman– Conceptual Major Development APPLICANT: POWDERDAYSKIING, LLC REPRESENTATIVE: Jeffrey Woodruff, AIA, Cloud Hill Design LOCATION: Street Address: 312 W. Hyman Legal Description: Lots P&Q, Block 46, City and Townsite of Aspen, Colorado Parcel Identification: PID# 2735-124-64-006 CURRENT ZONING & USE: R-6 (Moderate-Density Residential); Single-family home PROPOSED ZONING & USE: No change. PROCESS SUMMARY: Certain land use approvals granted by HPC or P&Z require that Council be notified of the decision through a brief staff summary. The notification is not a public hearing and no applicant presentation or public comment has been accepted in the past. During the Call Up Notice, City Council may uphold the HPC or P&Z decision. Alternatively, Council may request more detailed information be provided through a presentation by staff and the applicant at a future meeting. After hearing the additional project description, Council may uphold the boards’ decision or may remand it to require reconsideration of specific issues at a new public hearing. HPC’s or P&Z’s decision on remand shall be final. BACKGROUND: 312 W. Hyman is a property containing a Chalet style home built in 1956. The City of Aspen purchased the property in 2007 and volunteered landmark designation to prevent the demolition of the resource. In 2021, the lot was returned to private ownership and the new owner has proposed a small rear addition, a detached single car garage, and minor changes to fenestration. HPC granted Conceptual design approval and setback variations on April 27, 2022. Unfortunately, through a staff error, the project proceeded to Final review and was approved on July 27, 2022 without Notice of Call Up having been provided to Council, as required by the Municipal Code. Staff is now seeking to correct the mistake. 312 W. Hyman 61 STAFF RECOMMENDATION: The Historic Preservation Commission (HPC) first reviewed the subject application for Conceptual Development on January 26th, 2022. HPC continued the project for redesign, finding that guidelines were not adequately met, particularly due to the fact that the proposed rear addition wrapped around one side of the home. This design increased its visibility and caused undesirable alterations to the resource. The applicant returned to HPC with a revised design that reduced the addition and simplified the form. With Staff’s support, HPC granted approval with several conditions that were to be satisfied for Final review, including further development of preservation plans and stormwater management. A side yard setback reduction for the addition was allowed, because reconfiguring it to tuck behind the historic home’s angled positioning on the property necessitated an encroachment into the west setback. No floor area bonus was approved, and, in fact, the project is approximately 1,000 square feet below the maximum allowable floor area. HPC granted Conceptual by 6-0, with a new member abstaining from voting. Staff recommends City Council uphold HPC’s decision. As noted, Final review proceeded erroneously before Notice of Call Up and was approved by a vote of 4 to 0 on July 27, 2022. Assuming that Council does not move to Call Up the Conceptual approval, Final approval will remain in effect as well. FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: N/A RECOMMENDATION: Staff recommends Council uphold HPC’s decision. Alternative Motion for Call-up “I move to call-up HPC’s approval for 312 W. Hyman, Conceptual Major Development. CITY MANAGER COMMENTS: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________. EXHIBITS: A – HPC memo, April 27, 2022 B – HPC approved plans C – HPC meeting minutes, April 27, 2022 D – HPC Resolution #6, Series of 2022 62 Page 1 of 6 437 Rio Grande, Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com 132 Memorandum TO: Aspen Historic Preservation Commission FROM: Natalie Feinberg Lopez, Historic Preservation Officer THROUGH: Natalie Feinberg Lopez, Historic Preservation MEETING DATE: April 27 2022 RE: 312 W Hyman Ave – Conceptual Major Development, PUBLIC HEARING APPLICANT /OWNER: POWEDERDAYSKIING LLC REPRESENTATIVE: JEFFREY WOODRUFF LOCATION: Street Address: 312 W Hyman Ave Legal Description: Block: 46 Lot: P AND: - Lot: Q, City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2735-124-64-006 CURRENT ZONING & USE R-6 (Moderate-Density Residential); Single-family home PROPOSED ZONING & USE: No change SUMMARY: 312 W Hyman Ave is a 6000 sf lot located int he R-6 zone district, with a property that is landmarked for its early Chalet style single family home, relatively unaltered since construction in 1956. Proposed changes include a small addition at the back NE corner, three skylight additions, changes to the existing garage doors covering new glass sliders, a small change in the exterior stair location, and a new small single car detached garage at the back. STAFF RECOMMENDATION: Staff supports and commends the size of the project and the attention to energy efficiency and recommends the project as it meets the requests provided for restudy and the City of Aspen Design Guidel ines for a designated landmarked structure. Staff recommends approval. Site Locator Map – 312 W Hyman 312 63 Page 2 of 6 437 Rio Grande, Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com BACKGROUND: 312 West Hyman is a designated Aspen Modern landmark located on a 6,000 sf lot in the R-6 zone district. The house is a classic Chalet style building, completed in 1956 and locally designated in 2006. The historic orientation of the structure is not square to the property lines but is angled to face Aspen Mountain. The site includes several large pine and spruce trees of note surrounding this property. Julius Herman Birlauf, a Swiss-born immigrant, assisted his daughter, Genevieve Birlauf Leininger, with the construction that was inspired by both Swiss and Bavarian architectural styles found in small mountain towns of the Alps. Archives include an extensive family photo collection of the phases of construction, interiors, and family gatherings on the front porch. Family letters describe influences for construction, and the network of family and friends in Aspen while located at the house, underlining the house and family as important components of the heritage of Aspen. The original home is an excellent example of Chalet style architecture associated with early ski areas and mountain tourist locations around the world. Common architectural features include a simple, low pitched roof with large overhangs, a rectangular footprint, small horizontal windows, and a large balcony that runs along the length of the façade. Often first floor has less detail, the main entrance on a secondary elevation, and a white stucco finish, with the main living area on the second floor. Post War construction of the style often added large picture window(s) in limited locations, a variation from the traditional style found in the Alps. The exterior will often have decorative shutters, fascia, and porch railings in the shape of hearts or edelweiss motifs, which can be found at the 312 West Hyman, and is part of the character that adds to its landmarked status. Fig 1: Historic image of 312 W Hyman. This image is one phase after the period of original construction, with the first remodel. Alterations include the addition of small windows on the East elevation at the first floor, a character defining feature. c 1958 Fig.2: Recent image of 312 W Hyman, note nothing has been altered on this elevation. 04/2019 When the owner of 312 W Hyman proposed demolition of important property, it was purchased by the City of Aspen and designated historic to protect a culturally significant resource. After many years of the house serving the residential needs of City employees, it was sold to the current owner. 64 Page 3 of 6 437 Rio Grande, Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC) The Applicant is requesting the following land use approvals: •Major Development (Section 26.415.070.D) to add small additions to the main structure of the historic home and construct a new addition to the rear of the property. . The Historic Preservation Commission (HPC) is the final review authority; however, this project is subject to Call-up Notice by City Council. PROJECT SUMMARY: The applicant proposes: 1.Two-story addition at the NE corner proposed as additional living space, tucked under the existing eaves. 2.New glass sliders at each of the garage door openings, while keeping the garage doors intact as a type of privacy door/shutter on the South elevation. 3. Existing attic vent on the South elevation will be changed to a small window, as the current ceiling will be removed to allow for the existing roof trusses to be exposed. 4.3 new flush-mounted skylights to be added 5.Move the exterior stairs on the East elevation by approximately 4 feet to accommodate usable living space for bedroom 3 on the interior. STAFF COMMENTS: Staff strongly supports the redesign of the current plan including minimal alterations to the landmarked structure, without moving the resource or creating an extensive addition, while proposing to reduce energy consumption and making an energy efficient home. Staff also supports the small garage designed to meet setback requirements and minimal tree removal. The redesigned project respects the historic landmark by maintaining all original window penetrations, historic shutters, landscape features, and location of the small addition at the NE corner. Two elements of the proposed project are not consistent with typical design guideline recommendations, but add significantly to allowing the project to remain on the current footprint without relocation, as well as allowing for addition daylighting and energy savings. Staff would support discussion related to window restoration and replacement as part of final review. Staff recommends approval. 65 Page 4 of 6 437 Rio Grande, Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com Staff recommends HPC further discuss the following topic in more detail. 1.Historic Landmark –Restoration and Alterations: A preservation plan will be required for the restoration of the historic resource outlining the existing conditions and the proposed treatments. Staff fully supports the restoration of the historic resource and the removal of non-historic materials, such as the non-historic double door front entrance. Staff supports the restoration and rehabilitation of missing and changed elements. 2.New Garage Addition – Form, Materials and Fenestration: The proposed new addition is small, detached and significantly setback from the house while remaining within the required setbacks. The new addition has a minimal footprint and is one story, allowing the main house to remain the important structures from all vantage points. Additional information regarding materials to be reviewed during Final Review for compatibility, but currently appear to meet design guidelines. Staff finds the overall design of the new garage addition meets the relevant Historic Preservation Design Guidelines. 3.Site Planning and Parking: The proposed site planning respects the underlying zoning requirements for front, all side yard and rear setbacks, however the original structure is non-conforming for the required combined side yard setbacks due to the placement on the lot. Zoning has requested an exemption for the combined side yard setback. Engineering accepts the historic driveway, and Right of Way compliance. Previous requests for a sidewalk have been determined by parks to be detrimental to the large spruce tree located at the SW corner of the lot, and is no longer required. According to the Municipal Land Use Code, all residential dwelling units must provide two code compliant on-site parking spaces, as this plan does with one in the proposed garage addition, and ample additional parking on the current driveway. A new landscape plan shows the driveway with different materials, that will still allow for the parking requirements. Staff supports the location of the new garage addition, it addresses all referral comments as requested. REFERRAL COMMENTS: The application was referred out to other City departments who have requirements that will significantly affect the permit review. Please see Exhibit B for full comments. Engineering Department: 1. All concerns have been addressed 66 Page 5 of 6 437 Rio Grande, Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com Parks Department: Tree protection measures will be required at the driplines of trees and no activity whatsoever is allowed within this area without the express written consent of the City Forester or his designee. All concerns have been addressed by the applicant, with multiple on site reviews between Parks, HPC and the Applicant team. Zoning Department: 1.All concerns have been addressed. Building Department: 1. All concerns have been addressed. RECOMMENDATION: Staff recommends approval. ATTACHMENTS: Resolution # (5), Series of 2022 Exhibit A – Historic Preservation Design Guidelines Criteria / Staff Findings Exhibit B – Referral Comments Exhibit C.1 – Application Exhibit C.2 – Application Plans Exhibit C.3 – Home Energy Assessment Exhibit C.4 – Forestry_Conceptual 67 Page 6 of 6 437 Rio Grande, Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com 68 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 13 A101 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Architectural Site Plan 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 1,210.5 sq ft A A B B C C D D E E 4 4 3 3 2 2 1 1 1.55 5 ' 2.40 6 ' 5.0 1 1 ' 11.6 8 ' 8.167'10.167'10'4.25' 9' 11 . 7 4 9 ' 19 . 2 5 ' 5.00 1 ' 11 . 3 1 3 ' 308 sq ft Proposed fence at the 5' side setback and 5' rear setback, lined on the South with shrubs, see landscaping plan St Moritz R e t a i n i n g w a l l ( e x i s t i n g and under r e h a b i l i t a t i o n ) Removal of T r e e s # 1 a n d # 2 Removal of T r e e s # 1 a n d # 2 E EG OS W 79 0 4 7903 790 2 7901 7901 7901 79 0 1 79 0 2 7902 7 9 0 3 79 0 3 7 9 0 4 10' R E A R S E T B A C K - P R I N C I P A L B U I L D I N G 5' R E A R S E T B A C K - P R I N C I P A L B U I L D I N G U S E D A S G A R A G E & AC C E S S O R Y B U I L D I N G 5' M I N I M U M S I D E S E T B A C K 10' F R O N T S E T B A C K PRI N C I P A L B U I L D I N G 15' F R O N T S E T B A C K ACC E S S O R Y B U I L D I N G N SCALE: 1/8" = 1'-0" 1 Architectural Site Plan A101 69 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 14 A102 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Architectural Site Drainage Plan 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 A A B B C C D D E E 4 4 3 3 2 2 1 1 100' 100' 1 A301 2 A301 4 Z004 2 A210 1 A211 3 A211 4 A211 #DrgID #LayID potential tree removal (2) to NW trees protected (3) to NE Plaster covered CMU wall with two layers of 5/8" Type X Gypsum, 1 hour fire wall Garage and enclosure meet rear and side setbacks. Existing rail ties are not plumb. Avoid current hazard. UP bedroom #2 bathe #3 mechanical boot c u b b i e s trash & r e c y c l i n g e n c l o s u r e bathe #2 buried dry- well, storm water run-off onsite collection new perf- pipe surrounding single car garage disturbance, drains to dry well in the North-East of the lot provide tree protection zone (TPZ) for existing trees to the North East of the site closet boot c u b b i e s & be n c h bedroom #3 main entry heat pumps (2)electric meters (2)gas & radon egress egress egress entry/mud w/d garden storage 1 A300 2 A300 1 A200 2 A2002 Z003 N SCALE: 1/8" = 1'-0" 1 Site Plan Draft Drainage A102 70 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 15 A103 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Main Level Proposed Plan 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 A B C D E 4 4 3 3 2 2 1 1 16'-4 5 / 8 " 20 ' - 4 " 8'-2 1 7 / 6 4 " 43 ' - 0 9 / 6 4 " 32'-7" 23 ' - 9 3 / 8 " 16 ' - 2 2 1 / 3 2 " 1'-6 2 1 / 3 2 " 2'-4 7 / 8 " 5'- 0 1 / 8 " 11'-8 5 / 3 2 " 8'-2"10'-2"10'-0"4'-3" 9' - 0 " 11 ' - 9 " 19 ' - 3 " 100' 100' 1 A301 2 A301 4 Z004 2 A210 1 A211 3 A211 4 A211 potential tree removal (2) to NW trees protected (3) to NE Plaster covered CMU wall with two layers of 5/8" Type X Gypsum, 1 hour fire wall Garage and enclosure meet rear and side setbacks. Existing rail ties are not plumb. Avoid current hazard. Proposed fence at the 5' side setback and 5' rear setback, lined on the South with shrubs, see landscaping plan St Moritz R e t a i n i n g w a l l ( e x i s t i n g and under r e h a b i l i t a t i o n ) UP bedroom #2 bathe #3 mechanical boot c u b b i e s trash & r e c y c l i n g e n c l o s u r e bathe #2 closet boot c u b b i e s & be n c h bedroom #3 main entry heat pumps (2) electric meters (2) gas & radon egress egress egress entry/mud w/d garden storage Grav e l o f f alley 1 A300 2 A300 1 A200 2 A200 2 Z003 N SCALE: 1/4" = 1'-0" 1 First Floor A103 71 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 16 A104 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Second Level Proposed Plan 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 A A B B C C D D E E 4 4 3 3 2 2 1 1 F DW RE F 1 A301 2 A301 4 Z004 2 A210 9'-3" 9'-3" 1 A300 2 A300 1 A200 2 A200 2 Z003 kitchen bathe #1 living room down deck deck fireplace bedroom 1 cl o s e t egress down N SCALE: 1/4" = 1'-0" 1 Second Floor A104 72 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 17 A105 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Roof Plan Proposed 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22W 9 8 N 6'-0" 3'-6" Si l l 1 ' - 3 3 9 / 6 4 " W 9 9 N 6'-0" 3'-6" Si l l 1 ' - 3 3 9 / 6 4 " W 1 0 0 N 6'-0" 3'-6" Si l l 1 ' - 3 3 9 / 6 4 " A B C D E 4 4 3 3 2 2 1 1 1' Overhang, typ. Protected entry Solar as per onsite Energy Requirements 4:12 4:12 3.5:12 3.5:12 3.5:12 3.5:12 N SCALE: 1/4" = 1'-0" 1 Roof Plan A105 Note: Today this is a cold roof with attic vents. The current attic vents and screens are in disrepair (upon viewing from the attic) We are proposing removing the dropped ceiling, removing the attic vents and exposing the rafters, adding insulation and updating the light and vent in a Chalet style. The only exterior change, will be converting the attic vents to the same size rough opening, but installing hopper fenestration for light and vent. U-Value for horizontal fenestration = .50 as per IECC 2021 73 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 18 A106 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Main Level Existing Plan 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 41 sq ft A A B B C C D D E E 4 4 3 3 2 2 1 1 W/D W/D 6'-10" 3 Z003 2 Z004 3 Z004 2 A204 KITCHEN BATHROOM BEDROOM LIVING ROOM F.P. STORAGE BEDROOM CLOSET STORAGE GARAGE MECHANICAL STORAGE GARAGE UP N SCALE: 1/4" = 1'-0" 1 First Floor Existing A106 74 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 19 A107 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Second Level Existing Plan 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 A A B B C C D D E E 4 4 3 3 2 2 1 1 3 Z003 2 Z004 3 Z004 2 A204 11'-5 1/16" KITCHEN BATH BEDROOM LIVING ROOM F.P. BEDROOM CLOSET DOWN DOWN N SCALE: 1/4" = 1'-0" 1 Second Floor Existing A107 75 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 20 A108 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Roof Plan Existing 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 A A B B C C D D E E 4 4 3 3 2 2 1 1 3 Z003 2 Z004 3 Z004 2 A204 3.5:12 3.5:12 3.5:12 3.5:12 SCALE: 1/4" = 1'-0" 1 Roof Existing A108 76 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 21 A200 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Elevations Proposed 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 ±0" 1 First Floor ±0" 1 First Floor +9'-3" 2 Second Floor +9'-3" 2 Second Floor +18'-3" 3 Roof +18'-3" 3 Roof New Wood Existing Wood New CMU Existing Wood Existing Synthetic Treads ±0" 1 First Floor +9'-3" 2 Second Floor +18'-3" 3 Roof Existing Wood Existing CMU New CMU New Wood Balcony Existing Standing Seam New Wood New WoodNew Stucco New Skylights New Masonry New CMU New Storage SCALE: 1/4" = 1'-0" 1 North Elevation A200 SCALE: 1/4" = 1'-0" 2 East Elevation A200 77 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 22 A201 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Elevations Proposed 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 ±0" 1 First Floor ±0" 1 First Floor +9'-3" 2 Second Floor +9'-3" 2 Second Floor +18'-3" 3 Roof +18'-3" 3 Roof Existing CMU Existing Wood Eave Triangular Fenestration, As per revised guidance ±0" 1 First Floor +9'-3" 2 Second Floor +18'-3" 3 Roof 22'-1 5/16" 23'-10" 25'-0" 12'-0 15/32" Existing WoodNew Wood Existing Opening Existing Wood Existing CMU Existing CMU New Stucco New Standing Seam SCALE: 1/4" = 1'-0" 1 South Elevation A201 SCALE: 1/4" = 1'-0" 2 West Elevation A201 78 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 23 A203 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Existing Elevations 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 ±0" 1 First Floor ±0" 1 First Floor +9'-3" 2 Second Floor +9'-3" 2 Second Floor +18'-3" 3 Roof +18'-3" 3 Roof ±0" 1 First Floor ±0" 1 First Floor +9'-3" 2 Second Floor +9'-3" 2 Second Floor +18'-3" 3 Roof +18'-3" 3 Roof SCALE: 1/4" = 1'-0" 1 Existing North Elevation A203 SCALE: 1/4" = 1'-0" 2 Existing East Elevation A203 SCALE: 1:0.33 3 312wHyman_WEB303 A203 SCALE: 1:0.33 4 312wHyman_WEB304 A203 79 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 24 A204 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Existing Elevations 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 ±0" 1 First Floor ±0" 1 First Floor +9'-3" 2 Second Floor +9'-3" 2 Second Floor +18'-3" 3 Roof +18'-3" 3 Roof 18'-3 1 / 2 " 19'-7 1/16" 19 ' - 7 1 / 1 6 " 25'-0"Existing Grade (Most Restrictive) 1 2 3 4 ±0" 1 First Floor ±0" 1 First Floor +9'-3" 2 Second Floor +9'-3" 2 Second Floor +18'-3" 3 Roof +18'-3" 3 Roof SCALE: 1/4" = 1'-0" 1 Existing South Elevation A204 SCALE: 1/4" = 1'-0" 2 Existing West Elevation A204 SCALE: 1:0.27 3 312wHyman_WEB301 A204 SCALE: 1:0.26 4 312wHyman_WEB302 A204 80 SHEET TITLE INTEGRATED DESIGN TEAM PROJECT NO: MODEL FILE: DRAWN BY: COPYRIGHT: SHEET 26 A211 Jeffrey H Woodruff 312_W_Hyman_04272022.pln Project No. 116 /U s e r s / j e f f r e y w / D o c u m e n t s / C l o u d H i l l D e s i g n / 3 1 2 W H y m a n / 3 1 2 _ W _ H y m a n _ 0 4 2 7 2 0 2 2 . p l n Powder Day Skiiing, LLC, David A Tarrab Mees Garage Elevations 312 W Hyman Ave 312 W Hyman Ave Lots P+Q, Block 46 Aspen CO 81611 USA/ Pitkin County UGB, City of Aspen 312 W Hyman Ave Aspen CO 81611 USA Account # R000145 Parcel ID # 273512464006 Landscape Architect Jennifer M. Dolecki-Smith, RLA Escape Garden Design, LLC Interior Design Travis Terry Travis Terry Design Contractor (At Final) Structural Engineer (As per contractor) Civil Grading and Drainage Boundaries Unlimited (Preliminary) COA- HPO Site Visit08/22/21 Jeffrey H. Woodruff AIA, LEED AP Cloud Hill Design, LLC Snowmass Snowmass CO 81654 USA COA- HPC Conceptual02/26/22 COA- HPC Conceptual04/27/22 ±0" 1 First Floor +9'-3" 2 Second Floor +18'-3" 3 Roof ±0" 1 First Floor +9'-3" 2 Second Floor +18'-3" 3 Roof 6' - 0 " 31'-4 13/64" New 6" WoodNew Stucco ±0" 1 First Floor ±0" 1 First Floor +9'-3" 2 Second Floor +9'-3" 2 Second Floor +18'-3" 3 Roof +18'-3" 3 Roof ±0" 1 First Floor +9'-3" 2 Second Floor +18'-3" 3 Roof SCALE: 1/4" = 1'-0" 1 Garage Elevation North A211 SCALE: 1/4" = 1'-0" 2 Garage South Elevation A211 SCALE: 1/4" = 1'-0" 3 East Elevation A211 SCALE: 1/4" = 1'-0" 4 West Elevation A211 81 SITE VISIT & REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 27TH, 2022 DISCLOSURE OF CONFLICTS OF INTEREST: None. PROJECT MONITORING: None. STAFF COMMENTS: Ms. Johnson mentioned that there were a number of outreach opportunities surrounding the Moratorium if any board members would be interested in participating. Ms. Thompson asked if anything had come of the lighting meetings that had occurred. Ms. Feinberg Lopez described the two meetings she had attended. Mr. Fornell asked if there had been any resolution regarding the project monitoring matter at 930 King St. Ms. Feinberg Lopez said that it was a project of Sarah Yoon and she was not completely up to date but thought it was still in process. There was some discussion on the project. CERTIFICATE OF NO NEGATIVE EFFECT: None. CALL UP REPORTS: None. SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that she reviewed public notice and that notice was provided per the code for the agenda item. OLD BUSINESS: 312 W. Hyman – Conceptual Review and Setback Variations Applicant Presentation: Jeffrey Woodruff - Cloud Hill Design / David Tarrab – Applicant Mr. Woodruff stated that they went back and reviewed the Historic Preservation Guidelines and the packet provided City Council for the original historic designation noting the key physical attributes of the resource. He then showed some similar chalet style examples that they are using as reference and historic pictures of the existing chalet. He described some of the interior features they are planning on, referencing some interior pictures of the chalet and showed some newspaper clippings from the time the chalet was built. He showed what they had proposed in January and mentioned that the Commission had requested the applicant team go back and restudy each of the façades and the fenestration. He also mentioned that the Commission didn’t have much issue with the garage/bedroom conversion and that they had spent a lot of time with Parks and Forestry. He went over some changes made to the façades and upper and lower levels by showing the existing and proposed plans. He then showed the updated renderings highlighting that the proposed south elevation is exactly what the existing chalet looks like currently including the garage doors. The only modification is on the window under the eave. The west façade, a previous concern to the Commission, is virtually unchanged from existing conditions. He then went over each façade comparing the existing and proposed side by side. Next, he described some of the energy efficiency studies that they conducted with a consultant from CORE and the proposed lighting options. The placement of the one car garage in the rear was then discussed in regard to the layout of the existing trees on the site and potential setbacks. Other landscaping ideas were also described. 82 SITE VISIT & REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 27TH, 2022 Ms. Sanzone asked if the civil site grading and drainage sheet was existing or proposed. Mr. Woodruff said it was basically existing. There was some discussion on the placement of drywells in the back of the property in relations to existing trees. Ms. Sanzone then asked if the existing transformer was adequate to serve the house. Mr. Woodruff said it may need to be upgraded because of the planned renewable energy aspects of remodel. Mr. Fornell asked about the visibility of the skylights from the street and how they plan to be in compliance with the lighting code for them. Mr. Woodruff said they had reduced the total skylights from six to three and if the Commission would like them shaded, they could do that. Mr. Halferty asked about the south elevation and the existing vent under the eave. Mr. Woodruff said the proposal is for either a hopper or an awning, but that the rough opening would be the same. Mr. Halferty then asked if they are proposing to rebuild the existing chimney in the same place. Mr. Woodruff said no and that they are proposing to relocate it to the middle of the new living room. They then discussed the retaining wall on the west side of the lot. Ms. Thompson asked if they had spoken with engineering about the front driveway. Mr. Woodruff said yes. Potential sidewalks and curb cuts were then discussed. Mr. Fornell wanted to confirm that Engineering did not have an issue with the south curb cut on Hyman. Ms. Feinberg Lopez said they did not. Staff Presentation: Natalie Feinberg Lopez - Principal Planner Historic Preservation Ms. Feinberg Lopez started her presentation by showing the existing location and conditions. She then went over some of the previously proposed changes and described the current modifications to those changes. She wanted the Commission to discuss the new proposed skylights and the relocating the exterior stairs which will result in an increase of the deck space. Both are usually not allowed per the guidelines. She said she is inclined to agree with both of those items. She then went over other proposals and staff recommendations. Variances were then reviewed, referencing the site plan as to the placement of the garage in the rear. She stressed the amount of time spent with Parks regarding the preservation of the main trees on the lot. She asked that the lighting and drainage plans be postponed to final review. She stated that staff recommends approval for this application and went over some details of this recommendation. Mr. Halferty commented on the addition on the north side and that historically eave overhangs are larger than what is proposed. He asked if staff found any issues with the minimal overhang with relation to the wall of the addition. Ms. Feinberg Lopez said there was significant discussion on this, but if the addition doesn’t get tucked under the eave, then there would be a change in the roof. In maintaining the south and west elevations, the north side was all they had to work with. She also mentioned that from the street you can’t see any of the addition on the north side. Mr. Halferty also asked about the proposed landscape plan where the driveway meets the building and whether staff had any comment on the density of the hedges and the border they create that is not typical of the chalet style. Ms. Feinberg Lopez said since it was removable it could be reversed at any time and could be part of the landscape discussion at final. Mr. Halferty then asked about any staff comments on the proposed chimney placement since it wasn’t typical of the chalet style. Ms. Feinberg Lopez said it would be her preference to keep it in its current location, but the existing chimney and fireplace system is not at all within the energy efficiency standards that are proposed. 83 SITE VISIT & REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 27TH, 2022 Ms. Surfas asked about the flat skylights and day lighting. Ms. Feinberg Lopez said that normally new roof penetrations are not allowed, but since it’s a flat roof you will not be able to see them. She also noted the skylights will add to the energy efficiency of the building, but that doesn’t mean they have to move forward with them as they go against the guidelines. Mr. Fornell asked if the board had any say on the interior design, in relation to the rafters. Ms. Feinberg Lopez said no. PUBLIC COMMENT: None. BOARD DISCUSSION: Ms. Thompson said that since they had already seen and discussed this project that they didn’t have much to discuss. She was in support of the skylights seeing as the applicant had removed the triangle windows from the south façade and she was appreciative of the reduction of the number of skylights. She also appreciated the removal of the addition on the west side and thought the new proposed addition was in the appropriate location. She agreed with the stair adjustment. She appreciated the effort and cooperation that had been done with the Parks department. She believed the approach being taken with respect to the driveway and rear garage to satisfy the two parking spaces was appropriate. Her only comment was about the proposed chimney but thought it could go to final review. She asked if more detail and study of the terminus and scale of the chimney could be presented at final. Ms. Sanzone supported all of Ms. Thompson’s comments but did have concerns of the drainage plan. She recommended a condition of approval be that what is brought back at final does not further impact the trees that are trying to be saved. She also had concerns of the utility run and if it needed to be upgraded which may further impact the trees. She commented on the potential of the fence’s impacts on the shrub plantings but appreciated the species that were selected. Mr. Halferty thanked the whole team and agreed with comments from Ms. Thompson and Ms. Sanzone regarding the alterations and design for conceptual approval. He had reservations of the overhang eave but appreciated the removal of the addition on the more prominent west side. He thanked the applicant for working with the forester and Parks on the location of the garage. He thought the change under the eave from a vent to a window, as long as it was the same scale, could be up to staff and monitor. As for the skylights, he had some resistance from a consistency standpoint, but understood why it works on this and appreciated them pushing them back. He thought the changes to the staircase on the east side were allowable. He then went over a few other items that would be discussed further at final. He commented that the chimney is not typical for the style of architecture and would like to see more detail on how this will look but was not a fan of it being on center. Mr. Fornell wanted to note that the neighbors all sit at higher elevations than this building. He appreciated the reduction in skylights but wanted to recommend a condition of approval to include shading of the skylights. Mr. Moyer agreed with the skylights and stair adjustment and other comments made by fellow commissioners. He had no additional comments. Ms. Surfas was ok with the skylights but agreed with the shading. She also wanted to see more details on the chimney and thought it was a bit odd being right in the center. 84 SITE VISIT & REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 27TH, 2022 Ms. Johnson mentioned that the Resolution provided should be #6 and that there are some standard conditions of approval for major conceptual development that may want to be considered as additions to this Resolution if they are planning on approving it. She went over these in some detail. MOTION: Ms. Thompson moved to approve Resolution #6 with the following conditions. #1 - to provide details and final location of proposed drain basins making sure they do not conflict with trees that are being preserved. #2 - to provide a detailed roof plan. #3 - to provide a detailed preservation plan. #4 – to provide detailed information on the proposed chimney at final review. #5 – development application for the final development plan shall be submitted within one year from conceptual approval. #6 – shading be provided at skylight locations. #7 – details on the garage overhangs and window elements be provided at final review. #8 – information be provided on the window layouts and proportions for all new windows. #9 – a 7’ 9” combined side yard setback variance is granted for the property. Ms. Sanzone asked for an amendment to condition #1 to include other site utilities and not just drainage. Ms. Thompson said yes. Ms. Sanzone also asked that the drainage design be compliant with the guidelines. She also asked to amend conditions #2 to include all other roof penetrations. Mr. Halferty seconded the amended motion. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Sanzone, yes; Ms. Surfas, yes; Ms. Pitchford, abstain; Mr. Halferty, yes; Ms. Thompson, yes. 6-0, with member one abstaining. Motion passes. ADJOURN: Ms. Thompson motioned to adjourn. Mr. Halferty seconded. All in favor; motion passed. Mike Sear, Deputy City Clerk 85 RESOLUTION #6, SERIES OF 2022 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING CONCEPTUAL MAJOR DEVELOPMENT REVIEW AND SETBACK VARIATIONS FOR THE PROPERTY LOCATED AT 312 W HYMAN AVE BLOCK 46, LOT P AND LOT: Q, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-64-006 WHEREAS, the applicant, POWEDERDAYSKIING LLC, represented by Jeffrey Woodruff of Cloud Hill Design LLC, has requested HPC approval for Conceptual Major Development and Setback Variation for the property located at 312 W. Hyman, Block 46, Lot P and Lot Q, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. As a historic landmark, the site is exempt from Residential Design Standards review. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for approval of Setback Variations, the applicant shall meet the requirements of Aspen Municipal Code Section 26.415.110.C, Setback Variations; and WHEREAS, Community Development Department staff reviewed the application for compliance with applicable review standards and recommends approval with conditions; and WHEREAS, HPC reviewed the project on January 26, and April 26, 2022. HPC considered the application, the staff memo and public comment, and found the proposal consistent with the review standards and granted approval with conditions by a unanimous vote of 7-0. NOW, THEREFORE, BE IT RESOLVED: Development, and Setback Variations for 312 W Townsite of Aspen, CO as follows: I (IIIII llll' l IIIIIIII lull IIIII IIIII I III II I III III IIIII IIIII IIII IIIII IIII RECEPTION#: 689025, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 07/18/2022 at 02:36:02 PM Ingrid K. Grueter, Pitkin County, CO That HPC hereby approves Conceptual Major Hyman, Block 46, Lot P and - Lot: Q, City and HPC Resolution #6, Series of 2022 Pagel of 3 86 Section 1: Conceptual Maior Development, and Setback Variations. HPC hereby approves Conceptual Major Development and Setback Variations with the following conditions: 1. Provide detailed drainage, utility, and landscape plans including final location of the proposed drain basins, and relationship of the utility paths to the trees and driplines to demonstrate that they do not conflict with remaining trees and hedges. Applicant will need to continue to work with all relevant City Departments regarding stormwater mitigation and site drainage. 2. Provide a detailed Roof Plan demonstrating location of gutters downspouts snow clips, vents, mechanical, and all other roof penetrations for Final Review. 3. Provide a detailed Preservation Plan including documentation of existing conditions and investigation of historic materials, and proposed restoration/treatments. This document will first be reviewed by staff and monitor prior to building permit submission but will be considered an iterative document that helps guide restoration efforts. 4. Provide specifications for the chimney, including height, location and all other details to staff and monitor prior to Final Review, and are also subject to review at Final Review 5. All skylights shall have sufficient shading to eliminate light pollution to other neighboring properties. 6. Provide details on the garage overhangs and window elements for Final Review. 7. Provide details and a plan for all new window layouts and proportions for all new windows to be reviewed for context and consistency with the existing windows on the main residence at Final Review. 8. The proposed combined side yard setback variance of 7.9' is granted for the property to accommodate the location of the non -conforming historic structure, and will not be allowed to accommodate any other structures. 9. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a request for extension is received no less than thirty (30) days prior to the expiration date. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. HPC Resolution #6, Series of 2022 Page 2 of 3 87 Section 3: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY THE COMMISSION at its regular meeting on the 27th day of April, 2022. Approved as to Form: Approved as to Content: Kat arine Jahn .Assistant City Attorney Kra hompson, Chair ATTEST: Michael Sear, Deputy City Clerk HPC Resolution #6, Series of 2022 Page 3 of 3 88 Elected Officials Transportation Committee (EOTC) Thursday, October 27, 2022 - 4:00pm Location – City of Aspen Council Meeting Room Host and Chair – City of Aspen EOTC Background, Documents, and Packet Materials may be found here: https://pitkincounty.com/1322/Elected-Officials-Transportation-Committ EOTC Vision: We envision the Roaring Fork Valley as the embodiment of a sustainable transportation system emphasizing mass transit and mobility that contributes to the happiness and wellbeing of residents and visitors. EOTC Mission: Work collectively to reduce and manage the volume of vehicles on the road and parking system and continue to develop and support a comprehensive multimodal, long-range strategy that will insure a convenient, equitable and efficient transportation system for the Roaring Fork Valley. Summary of State Statute and Ballot Requirements: The 0.5% County Transit Sales and Use Tax shall be used for the purpose of financing, constructing, operating and managing a public, fixed route mass transportation system within the Roaring Fork Valley. Public Comment Instructions: This hybrid virtual / in person EOTC meeting will be broadcast on grassroots TV and available for viewing at www.cityofaspen.com. Please use the login information below to participate virtually or you may participate in person at 427 Rio Grande Place, Aspen. Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/83919941069?pwd=UzVKMVhFVWJsUFVqL1V3aEFtUGhlZz09 Passcode: 81611 Description: Hosted by the City of Aspen Or join by phone: Dial: US: +1 346 248 7799 Webinar ID: 839 1994 1069 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kew3uoFEAu 89 I. 4:00 – 4:05 CALL TO ORDER AND ROLL CALL (Conducted by Meeting Host Chair, Roll Call by Jurisdiction) II.4:05 – 4:10 APPROVAL OF May 26, 2022 ACTION MINUTES (Motion, Second, and Roll Call Vote by Jurisdiction) III.4:10 - 4:20 PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA (Comments limited to three minutes per person) IV. 4:20 - 4:30 EOTC COMMITTEE MEMBER UPDATES V. 4:30 – 5:30 PUBLIC HEARING: 2023 EOTC PROPOSED BUDGET David Pesnichak, Transportation Director Decision Needed: Approval of 2023 Budget (Motion, Second, and Roll Call Vote by Jurisdiction) VI.5:30 – 6:00 PUBLIC HEARING: 2023 EOTC PROPOSED WORK PLAN David Pesnichak, Transportation Director Decision Needed: Approval of 2023 Work Plan (Motion, Second, and Roll Call Vote by Jurisdiction) VII. 6:00 – 6:15 INFORMATION ONLY: UPDATES (Q&A) A.Near Term Transit Improvement Program – Progress Update B.Food Truck at Brush Creek Park and Ride – Progress Update C.Town of Snowmass Village Transit Center – Progress Update (Provided by Sam Guarino, Transportation Director, Town of Snowmass Village) VIII.ADJOURN MEETING (Motion, Second, and Roll Call Vote by Jurisdiction) *Next Regular EOTC meeting is March 30, 2023 – Pitkin County to Host & Chair Page 3 Page 16 Page 38 Page 51 90 ELECTED OFFICIALS TRANSPORTATION COMMITTEE (EOTC) AGREEMENTS & DECISIONS REACHED REGULAR MEETING May 26, 2022 Location (In Person and Virtual) – Town of Snowmass Village Town of Snowmass Village - Host & Chair •The agenda items contained in these minutes are written in an action only format. •For a video production of this meeting, go to: https://www.youtube.com/watch?v=bIKeIOvCAJQ •To access the Elected Officials Transportation Committee meeting packet material, go to: https://drive.google.com/drive/folders/1kPdv-lUJ4z8o9qM7BNVZzknWhqS73Abh (or https://www.pitkincounty.com/1322/Elected-Officials-Transportation-Committ, then ‘EOTC Archived Packets’) Elected Officials in Attendance: Aspen – 4 Pitkin County - 4 Snowmass - 3 Rachael Richards Steve Child Bill Madsen Skippy Mesirow Kelly McNicholas Kury Tom Fridstein John Doyle Greg Poschman Alyssa Shenk Ward Hauenstein Patti Clapper Absent: Torre, Tom Goode, Francie Jacober, Bob Sirkus ______________________________________________________________________________ Agreements & Decisions Reached CALL TO ORDER AND ROLL CALL Mayor Madsen called the meeting of the Elected Officials Transportation Committee (EOTC) to order at 4.05 p.m. followed by a roll-call for attendance. APPROVAL OF THE MARCH 24, 2022 ACTION MINUTES Mayor Madsen called for discussion on the March 24, 2022 EOTC Agreements and Decisions Reached. Commissioner Clapper made a motion to approve the Agreements and Decisions reached from March 24, 2022. The motion was seconded by Councilor Doyle. Pitkin County: The votes were: Kelly McNicholas Kury, yes; Greg Poschman, yes; Patti Clapper, yes; Steve Child, yes; motion carried. 91 Town of Snowmass Village: The votes were: Bill Madsen, yes; Tom Fridstein, yes; Alyssa Shenk, yes; motion carried. City of Aspen: The votes were: Skippy Mesirow, yes; John Doyle, yes; Ward Hauenstein, yes; Rachael Richards, yes; motion carried. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Mayor Madsen requested any public comment for items not on the agenda. No comments from the public for items not on the agenda were identified. EOTC COMMITTEE MEMBER UPDATES Mayor Madsen introduced Brian Pettet, Pitkin County Public Works Director, who provided an update on the Maroon Creek Roundabout reconstruction. Mr. Pettet noted that the roundabout reconstruction is on budget and on schedule. PUBLIC HEARINGS Brush Creek Park and Ride to AABC Trail Connection David Pesnichak - Transportation Administrator Mr. Pesnichak explained the Pitkin County Open Space and Trails (OST) Department, the City of Aspen Parks and Open Space Department, and the Elected Officials Transportation Committee (EOTC) have jointly funded a feasibility study to connect the Brush Creek Park and Ride to the Aspen Airport Business Center (AABC) via a safe, hard surface trail. This trail connection has been scoped to meet the profile grade requirements in the American with Disabilities Act (ADA) for both recreationists and commuters. The project funding partners contracted with SGM to conduct this study. The local project team consists of representatives from the City of Aspen Parks and Open Space Department, Pitkin County Open Space and Trails Department, the Town of Snowmass Village Parks and Recreation Department, and the Regional Transportation Administrator. This initial phase in 2021 and early 2022 consists of a feasibility analysis and a determination of possible alignment alternatives including estimated costs. The results of this feasibility study were presented at the March 24, 2022 EOTC meeting and will not be reviewed again at this meeting. The goal of this meeting with the EOTC is to determine if staff should move the project to a public process and additional data-gathering phase. 92 Improving bicycle and pedestrian connections from the Brush Creek Park and Ride was identified as an Upper Valley Priority by the EOTC within the Comprehensive Valley Transportation Plan (CVTP) adopted in 2020. The results of this feasibility and alignment study were reported out to the Pitkin County OST Board in a joint meeting with the City of Aspen Parks and Open Space Board on February 24, 2022. The comments received from the joint Pitkin County OST Board and City of Aspen Parks and Open Space Board meeting held in February consisted of: - Recommend moving forward with the public process in 2022 of the two identified technically feasible alignments - Identified general preference for Option 1 (Twin Bridges) - Identified additional information needed as project goes to public process: - Bike commute time to Aspen and not just to AABC. - Need for commuter study to determine: a) how many cars could be taken off the road, and b) the feasibility of this connection as a winter commute route. - Identify whether 10ft trail width will provide enough capacity if it is a commuter trail along with a recreation trail. - Look at phasing overall project and identify a list of potential issues should the project be phased. Mr. Pesnichak noted that at the March 24 meeting the EOTC requested that staff first come back to the Committee with an outline of the public process before moving forward. Staff provided an overview of the public process and path forward to obtain additional information within the packet. Mr. Pesnichak then turned it over to Gary Tennenbaum, Director of the Pitkin County Open Space and Trails Department, and Austin Weiss, Director of the City of Aspen Parks and Open Space Department to discuss the proposed public process and additional data-gathering phase. Mr. Tennenbaum explained the proposed public process outline. He explained that we are at the point now where we need to decide whether we are moving into the public process and the additional data gathering phase. This next step would include looking at phasing. He also noted that the trail connection between the Brush Creek Park and Ride and the AABC has been getting favorable public feedback to date while paving the Rio Grande into Aspen has been more mixed. Mr. Tennenbaum went on to say that should this project move forward then the feasibility study would be updated to include the dual paving option into Aspen to look at paving the current soft surface section of the Rio Grande as well as an evaluation of public benefit of the trail connection. This next step would also look at a funding capacity analysis. The public process would be one that would be statistically valid including public surveys, open houses, as well as 93 online information and feedback. Once all of this is complete, staff would then come back to the open space boards as well as the EOTC. It is anticipated that this would come back to the open space boards and the EOTC in spring to summer 2023. Commissioner Clapper said that she is supportive of moving into the public process although she still has many questions about the specifics of each option. Commissioner Child said that he is supportive of moving forward into the public process. Mr. Child added that he would like to see two other options. The first one would include a bus or train on wheels that allows people to roll their bikes on the bus. The next concept identified would be to have lower bridges crossing the Roaring Fork to reduce visual impacts and could potentially reduce the cost. Mr. Tennenbaum noted that the lower bridge option was evaluated as a part of the SGM feasibility study. However, it was found that the bridge would lose ADA accessibility. The bridges have already been lowered as much as possible while maintaining ADA accessibility. Mayor Madsen noted that the public process is very important and asked whether the visual impact of the bridge connection was the primary opposition. Mr. Tennenbaum noted that the Board of County Commissioners at the last round were not ready for this connection and that the public process at that time was not nearly as in depth as what is contemplated this time around. Councilor Richards added that she sees this as a recreational amenity and that she needs to see what the commuter aspect of this project is. As a result, she identified that as a recreational amenity, Pitkin County Open Space and Trails as well as the City of Aspen Parks and Recreation Department should be the primary funders of this project. In addition, if the City is going to be going to the voters this year and this is a potential project that should be included. Ms. Richards also noted that she was on the Board of County Commissioners at the time this was considered last time and it was the cost that eventually killed the project. Ms. Richards went on to say that when the Maroon Creek Bridge was built, EOTC funds were not permitted to be used for a separated bike connection at that improvement. Commissioner McNicholas Kury asked what RFTA’s role would be with this public process as well as what the commuter data is on the Rio Grande currently in order to help proof the questions for the next steps. Mr. Tennenbaum noted that RFTA has not been involved in the project to date, however they will be involved in the future. In addition, this section of the trail is not a RFTA trail and it is fully Pitkin County. 94 Mr. Weiss noted that collecting data on the current stretch of the trail could be fairly easily accomplished and that there are currently many commuters that use the trail from the AABC into Aspen. Mr. Tennenbaum said that the Pitkin County Rangers see more use of the trails in the mornings with commuters, particularly with e-bikes now being permitting. In addition, this connection would connect the W/J neighborhood with the Brush Creek Park and Ride and would allow those residents to have a more viable transit option into Aspen and Snowmass. Councilor Hauenstein said that he thinks we should continue with the public process. He noted that a study does need to be conducted looking at the recreation and commuter aspects of this study to ensure that EOTC funds can be used for this purpose. He went on to say that traffic is often backed up before Buttermilk, so having a bike connection at Brush Creek is a more viable option. In addition, he said that the trackless tram option being considered as a part of the Entrance to Aspen education effort would look into this option. Commissioner Poschman added that he supports the process and that we need to keep our minds open particularly in regards to the assumptions. Councilor Doyle said that he knows individuals who live at the North 40 who use the bike trail to get their kids to day care and get to work. Mr. Doyle went on to say that with the Entrance to Aspen effort, the need for the Castle Creek Bridge to be replaced, and the Aspen Airport redevelopment that traffic impacts are going to increase and this trail will be another option to mitigate those impacts. Commissioner McNicholas Kury noted that through this public process the options that have been removed should be included to let the public know that the process was thorough. Mayor Madsen added that he thinks this would be a huge recreational asset connecting Snowmass, the Brush Creek Park and Ride and Aspen. Mr. Tennenbaum noted that the funding analysis will look at whether the EOTC can be a funding mechanism. He went on to say that Pitkin County has an open space and trails fund that can go to this project. Mr. Pesnichak added that the use of EOTC funds for this project needs to be addressed in a similar fashion to the way EOTC funds were used for the Maroon Creek Roundabout project. Specifically, a rational nexus between supporting transit and the use of EOTC funds needs to be identified in advance of dedicating funds from the Transit Sales and Use Tax. 95 Councilor Richards added that some coordination needs to occur, particularly around the renewal of the City trails tax. Councilor Mesirow said that he is supportive with the public process moving forward. Mr. Mesirow added that he will be evaluating this based on the commuter improvements and not the recreational side. Mr. Pesnichak noted that it is important to look at this as a part of a system and fits into the Integrated Mobility System that was discussed at the EOTC retreat. Specifically, this project is a BRT Enhancement since it increases accessibility to the Brush Creek Park and Ride transit hub. Similarly, he noted that we are at a point with transportation in the Upper Valley where we need to be taking an ‘all of the above’ approach since we do not have a silver bullet solution. Commissioner Clapper made a motion to approve Administrative Direction authorizing the Staff Recommendation to initiate the public process and data gathering phase of the AABC / Brush Creek Park and Ride trail connection. Councilor Doyle seconded the motion. Commissioner Child noted that this is a public hearing and that it needs to be open to the public. Mayor Madsen asked if there was any public who would like to comment on this item. No public comment was received and the public hearing was closed. The vote for Administrative Direction authorizing the Staff Recommendation to initiate the public process and data gathering phase of the AABC / Brush Creek Park and Ride trail connection was conducted by jurisdiction. The vote was as follows: Pitkin County: The votes were: Kelly McNicholas Kury, yes; Greg Poschman, yes; Patti Clapper, yes; Steve Child, yes; motion carried. Town of Snowmass Village: The votes were: Bill Madsen, yes; Tom Fridstein, yes; Alyssa Shenk, yes; motion carried. City of Aspen: The votes were: Skippy Mesirow, yes; John Doyle, yes; Ward Hauenstein, yes; Rachael Richards, yes; motion carried. 96 HIGH OCCUPANCY VEHICLE (HOV) LANE ENFORCEMENT David Pesnichak - Transportation Administrator Mr. Pesnichak began the staff presentation by providing an overview of the HOV lanes on Highway 82 and how this effort became an EOTC priority item. Notably, Mr. Pesnichak said that utilizing the results of the 2021 Fehr and Peers Integrated Mobility System (IMS) study in combination with the 2021 Upper Valley Transit Enhancement Study conducted by Mead and Hunt, the EOTC adopted the Near Term Transit Improvement Program in July 2021. This Near Term Transit Improvement Program set out a strategic tiered approach to tackling individual projects and efforts to best advance the EOTC’s Strategic Plan and CVTP. The EOTC’s Near Term Transit Improvement Program prioritizes the most productive and feasible efforts identified in these two studies into three priority tiers. The efforts identified in the first and second tiers are those projects that are most in need, feasible in the near term, and/or are necessary to progress later efforts. Staff utilizes the direction provided from the EOTC 2021 Near Term Transit Improvement Program as guidance to develop the EOTC Budgets and Work Plans starting with 2022. All feasible projects identified in Tier 1 are currently in development including: - Design of the Truscott to Owl Creek Trail along Highway 82, - Design and feasibility of the grade separated Buttermilk bicycle and pedestrian crossing at Highway 82 and Owl Creek Road, - An analysis of up valley and down valley transit service connections to Snowmass Village, - Design and installation of permanent automated vehicle counters throughout the upper valley. Also on the list of Tier 1 priorities is a High Occupant Vehicle (HOV) Lane Enforcement Analysis. It is worth noting that this effort was identified as a Tier 1 priority since increasing compliance with the HOV lane is an important first step to increasing carpooling. As the Committee may recall, the development or implementation of a carpool app to match riders to drivers is a Tier 2 priority that is to be started once a plan for HOV lane enforcement is established. This memo and subsequent EOTC discussions is to serve as a starting point to developing a plan to enforce the HOV lanes from Basalt to the Aspen / Pitkin County Airport. Regarding HOV lane enforcement, the Staff recommendation identifies that while roadside camera based technology is not fully proven or able to be coupled with automated enforcement, staff does not recommend pursuing this technology at this time. In addition, app-based verification systems do appear to hold promise in the longer term at both the State and National levels particularly as they become more widely used. However, this technology is very new with limited applications and vendors to date along with potentially high 97 vendor turnover. Further, such a system will have a high up front and ongoing maintenance cost and demand on staff resources while having relatively low effectiveness if deployed only on Highway 82 between Basalt and the Aspen / Pitkin County Airport. As a result, the overall effectiveness of an app-based system appears to be low, particularly since the HOV lane is not otherwise tolled, relative to the amount of staff resources and monetary inputs required. While such a system may make sense at some point in the future, it does not appear that it is ready for deployment within this limited HOV context at this time. To this end, staff recommends that a plan be developed with CSP and the Pitkin County Sheriff’s Office for the EOTC to provide funds to either hire or allow overtime to officers to patrol for HOV compliance. This should also be combined with educational awareness utilizing press releases as well as the Highway 82 Brush Creek DMS and, if permitted, CDOT’s message signs. At this point, Mr. Pesnichak said that Staff recommends that the EOTC provide Administrative Direction to develop a plan for HOV lane compliance with CSP and the Pitkin County Sheriff’s Office and include a financial request, if necessary, for EOTC review within the 2023 EOTC Budget. Mayor Madsen said that he has great respect for the Aspen Institute’s work on the IMS, but feels that this is a solution looking for a problem. Mr. Madsen went on to say that at this point he favors the ‘do nothing’ approach. Councilor Hauenstein said that when the HOV lane was first put in place, the courts were not upholding the tickets that law enforcement was issuing. Mr. Hauenstein also noted that he felt that traffic between Basalt and the Airport is not a problem. Commissioner Clapper said that license plate readers can have issues reading through snow and noted that she felt there are too many privacy issues with license plate readers at this time. Ms. Clapper also noted that enforcement should be ‘a week here and a week there’ and not everyday based on law enforcement availability. In addition, Ms. Clapper suggested the use of a fake law enforcement vehicle as a way to encourage compliance. Commissioner McNicholas Kury asked whether the camera technology could be combined with law enforcement and whether the apps for HOV compliance become more regular whether they could be integrated with other apps like the Transit app. Finally, Ms. McNicholas Kury asked whether a cell phone blast could go out during HOV hours. Councilor Richards said that she supports moving forward with the Colorado State Patrol and the Pitkin County Sheriff’s Office. Ms. Richards said that she also support Commissioner Clapper’s proposal for ‘a week here and a week there’ approach. Ms. Richards said that her biggest concern 98 is people’s driving habits in that people need to move toward carpooling as early on as possible in order for the whole system to work effectively. Councilor Mesirow said that he does not feel this is a solution looking for a problem since it is important that drivers feel the pain of traffic earlier on in their commute while they are able to carpool. As a result, Mr. Mesirow said he feels that the staff recommendation is the right one. Councilor Hauenstein proposed that HOV lane enforcement be conducted only between the Brush Creek Park and Ride and Aspen and not between Basalt and the Brush Creek Park and Ride. Councilor Fridstein reiterated that the purpose of this effort is to reduce the total number of cars on Highway 82 by creating an incentive to people to have multiple people in a car. Mr. Fridstein said that he is not in favor or the camera or app technologies at this time and that the primary deterrent is that there may be law enforcement around. In addition, he indicated that he is in favor of incremental enforcement. Councilor Doyle noted that the HOV lane is a tool in our toolbox that needs to be enforced as we run out of other options. Mr. Doyle noted that automated verification is something that is clearly not ready to be deployed yet, but we should keep an eye on it going forward. Commissioner Child said that it can be very dangerous to drive the speed limit in the general traffic left lane during rush hour since all vehicles are speeding. As a result, Mr. Child said that he would like to more speed enforcement instead of more HOV enforcement. Councilor Richards said that parking restrictions cannot control all vehicles, but it is one important tool. Councilor Hauenstein noted that the City of Aspen has raised parking prices many times over the years and that is consistent with the Integrated Mobility System approach. Commissioner Clapper reminded everyone that the HOV lanes are a part of the Record of Decision and as a result, it does need to be enforced. In addition, having more law enforcement on the Highway will also assist with speeding. Councilor Richards said that she also agrees that speeding is a problem but said that she cannot walk away from the Record of Decision. Commissioner Child noted that there is a worker shortage in Aspen and that some workers are giving up commuting to Aspen even if jobs in Aspen pay higher wages. As a result, 99 Commissioner Child said that we need to be aware of this impact should we enforce more and more rules. Mayor Madsen said that one of his fears is that by having HOV enforcement we will end up with more traffic. Councilor Richards noted that the added traffic that could be created with HOV compliance is intended to persuade people to utilize the bus or have more than one person in the vehicle. Mayor Madsen explained that he is all in favor of carpooling but he does not think that HOV enforcement is the carrot to get people to do it. Instead, he said that he feels the carpool parking pass for the City of Aspen is a more effective option. Mayor Madsen asked if there was any public comment on this item. No public comment was received. Mr. Pesnichak indicated that he would like to respond to some of the questions and comments made throughout the conversation. First, speeding can be enforced along with HOV lane compliance. Second, parking pricing and carpool passes are already highly successful programs while HOV lane enforcement was not been acted upon recently. Next, the question of whether the courts would uphold an HOV lane citation is unknown at this point and would need to be tested to find out. Additionally, regarding integration of app based verification with the Transit app, after speaking with GoCarma and RideFlag they are currently working on merging the app but it is not currently part of their standard platform. Regarding combining camera technology with law enforcement, Mr. Pesnichak explained that he posed this question to Invision.ai who said that while it may be possible it is not something that they have done to date. Commissioner Clapper made a motion for Administrative Direction for staff to develop a plan for HOV lane compliance with CSP and the Pitkin County Sheriff’s Office and include a financial request, if necessary, for EOTC review within the 2023 EOTC Budget. In addition, staff should work with law enforcement to determine a plan for random or ‘a week here and a week there’ enforcement and to start a public awareness. Councilor Mesirow seconded the motion. Commissioner McNicholas Kury asked about whether a text blast could go out for those in the HOV lane reminding them about the rules and enforcement. Mr. Pesnichak indicated that he did not have an answer for whether a text blast regarding HOV compliance is possible at this time. 100 Councilor Fridstein indicated that he was in favor of the direction this was going since the courts may throw it all out anyway. And this approach will give us a chance to test it and see how it goes. Commissioner Poschman noted that dummy law enforcement vehicles should be included in this effort. Councilor Richards noted that she did not think that CDOT would allow a dummy vehicle to be left in the right of way. Commissioner Poschman asked that staff have a conversation with Colorado State Patrol and the Sheriff’s Office regarding the dummy law enforcement vehicle. Commissioner Clapper asked Councilor Mesirow if he would be amenable to an amendment to the motion to include looking into a dummy law enforcement vehicle on Highway 82. Councilor Mesirow indicated that he was amenable to that amendment. Commissioner Clapper restated the motion for Administrative Direction for staff to develop a plan for HOV lane compliance with CSP and the Pitkin County Sheriff’s Office and include a financial request, if necessary, for EOTC review within the 2023 EOTC Budget. In addition, staff should work with law enforcement to determine a plan for random or ‘a week here and a week there’ enforcement and to start a public awareness, and for staff to look into whether a staged vehicle parked along the highway would be permissible. The vote for Administrative Direction on HOV lane enforcement with the noted amendments was conducted by jurisdiction. The vote was as follows: Pitkin County: The votes were: Kelly McNicholas Kury, yes; Greg Poschman, yes; Patti Clapper, yes; Steve Child, no; motion carried. Town of Snowmass Village: The votes were: Bill Madsen, no; Tom Fridstein, yes; Alyssa Shenk, yes; motion carried. City of Aspen: The votes were: Skippy Mesirow, yes; John Doyle, yes; Ward Hauenstein, yes; Rachael Richards, no; motion carried. 101 INFORMATIONAL SECTION OF PACKET (Q&A) Mr. Pesnichak indicated that the only other update he had was regarding the food truck at the Brush Creek Park and Ride. The food truck is currently onsite and while they are finishing up some paperwork with the State, they are hoping to open in the next week. Mayor Madsen asked for an update in the back portion of the Brush Creek Park and Ride. Mr. Pesnichak indicated that the back portion of the lot will be opening up shortly. ADJOURN REGULAR MEETING Councilor Richards moved to adjourn the regular meeting of the Elected Officials Transportation Committee at 6:16 p.m. Councilor Fridstein seconded the motion. Motion passed with 11 yea votes. City of Aspen _________________ Torre, Mayor City Council _________________ Nicole Henning City Clerk Town of Snowmass Village _________________ Bill Madsen, Mayor Town Council _________________ Megan Boucher Town Clerk Pitkin County ___________________ Patti Clapper, Chair Board of County Commissioners 102 ___________________ Julia Ely Clerk to the Board of County Commissioners ___________________ David Pesnichak Regional Transportation Administrator 103 AGENDA ITEM SUMMARY EOTC MEETING DATE: October 27, 2022 AGENDA ITEM TITLE: Proposed 2023 Budget STAFF RESPONSIBLE: David Pesnichak, Transportation Director ISSUE STATEMENT: Attached for review and approval is the Proposed 2023 Budget. Budget revenues, updates, project scoring and next steps are discussed below. BACKGROUND: As the EOTC is aware, 2019 through 2022 have been financially turbulent years. In 2019, the EOTC began to see the impacts of State law changes from HB 19-1240 that affected how sales and use tax are collected. Then in 2020, COVID-19 caused a near economic shutdown in the spring followed by a national recession. Late 2020 through 2022 have seen an unexpected spike in tourist and building activity that has resulted in higher than anticipated revenues across the nation and the region. While economic activity and tax revenues have been strong through 2022 to date, it has recently been accompanied with high inflation and a national concern of an impending economic downturn. For orientation purposes, the sections in this memo include: - 2021 Actual Revenues and 2022 Projected Revenues -EOTC Ability to Meet Current Obligations and New Requests - EOTC Expenditure Scoring -Overview of Funding Renewals, Increases in Funding, Project Funding and New Requests -Next Steps - Outline of Funding Uses - Ongoing / Operational - Projects - Recommended EOTC Action 2021 Actual Revenues and 2022 Projected Revenues For 2021, Sales Tax revenues were up more than expected at about 28.8% over 2020 due to the taxation of internet sales, an unexpectedly strong economy despite the pandemic, and use tax revenue shifting to sales tax. Use Tax also increased slightly in 2021 at 6.8% from 2020 due primarily to revenues from prior years’ construction activity being realized in 2021 (see explanation below) and strong motor vehicle sales. Overall, the EOTC ended up seeing an increase in revenues of $243,412, or 9.5% between 2020 and 2021. Due to the mechanics of construction use tax collection, a portion of use tax revenues reflected in 2019, 2020, and 2021 will be refunded back to the developer in subsequent years. This process is to ensure that the developer pays the actual use taxes due by allowing them to apply for a refund for overpayment. Also, in order to smooth this revenue stream and prevent the expenditure of funds that may be requested as refunds in the future, some funds are withheld from being reported for several years following initial collection at the time of building permit issuance. This means that actual construction use tax revenues have continued to normalize through 2021 because of HB 19-1240 which went into effect in June 2019. 104 In 2021, approximately $631,000 of total EOTC use tax revenue was actually due to construction activity from prior years while about $432,000 was due to use tax revenue from motor vehicles registrations (unlike construction use taxes, motor vehicle use taxes are realized in the year they are collected). Decreasing amounts of future construction use tax revenue is projected after 2022 as construction use taxes shift to sales tax. It is worth recalling that the EOTC saw a decrease of 39.6% in Use Tax revenue between 2019 and 2020 due to the implementation of HB 19-1240. As of the writing of this memo, the Pitkin County Finance Department in partnership with the County’s Financial Advisory Board has provided sales tax projections up 13% in 2022 over 2021. 2022 has been a very strong year for sales tax revenues. In addition, high inflation in 2022 has negated some of the value of this increase in revenue. When looking at 2022 EOTC overall projected revenues compared to 2021, annual EOTC revenues are expected to decrease by $219,834 in 2022, or 7.8%. Summary of 2021 Actuals (2020 – 2021): - Sales Tax: 28.8% increase - Use Tax: 6.8% increase - EOTC Overall Revenue 2020-2021: 9.5% increase or $243,412 Summary of 2022 Projections (2021 – 2022): - Sales Tax: 13% increase - Use Tax: 40.8% decrease (2022 includes construction use tax revenues from previous years that will not be realized in the future) - EOTC Overall Revenue: 7.8% decrease or $219,834 Total annual EOTC revenues are as follows: 2018: $2,725,220 2019: $3,257,373 2020: $2,559,694 2021: $2,803,106 2022: $2,583,272 (projection) 2023: $2,544,498 (projection) In the years 2023 and beyond, sales tax revenues are projected to decrease by -11% in 2023 before rebounding, mostly due to inflation, at between 6.5% and 4% annually from 2024 to 2027. Use taxes are expected to increase at an annual rate of about 2.1% annually from 2023 to 2027 to account for inflation in motor vehicle collections. See the below graph (next page) and Attachment 3 for a comparison of annual revenues. 105 EOTC Ability to Meet Current Obligations and New Requests The EOTC is expected to meet all annual ongoing and current project obligations through the budgeting horizon. With these projections, the EOTC will have a balance of about $1.9 million to $2.3 million annually for projects once annual operating and ongoing costs are satisfied. When considering 2022 annual operating costs and all currently obligated project costs through 2027, the EOTC is expected to have about $5 million in total unobligated funds going into 2023. So, based on current projections, the EOTC’s unobligated fund balance should build at a rate of approximately $1.9 million to $2.3 million annually from this roughly $5 million starting point in 2023 under the staff recommended budget. EOTC Expenditure Scoring Starting in 2020, staff began scoring EOTC expenditures and work plan efforts against the identified Mission Statement, Vision Statement, Guiding Principles, and Key Strategies from the 2020 EOTC Strategic Plan as well as the Regional Priorities and Upper Valley Priorities identified within the updated 2020 CVTP. 106 This scoring matrix, included as Attachment 2, represents an average scoring conducted by EOTC staff from the City of Aspen, Town of Snowmass Village, Pitkin County, RFTA and the EOTC Transportation Director. While the scoring is subjective, by averaging out the scoring from each staff member the chart can better represent a cohesive ranking of expenditures and work plan efforts that best meet the goals of the Strategic Plan and CVTP. The purpose of this ranking is to not only assist staff vetting projects that best meet the EOTC goals from the Strategic Plan and CVTP but to also provide the EOTC members a reference point when considering the annual budget and work plan. This matrix is intended to show the comparative ability of a project to advance the EOTC Strategic Plan. As you will notice, the matrix has a scoring of the Strategic Plan Mission Statement, Vision Statement, Guiding Principles and Key Strategies. These are scored on a 1-5 scale where 1 ‘Does No Meet’ and 5 ‘Greatly Exceeds’ that specific criteria. Meanwhile, the CVTP Regional Priorities and Upper Valley Priorities are not ranked but instead identified as meeting an identified Priority or not. A cell marked with an ‘X’ indicates that that project can meet that Priority. It is important that each expenditure meet at least one of the Regional or Upper Valley Priorities in order to be considered for funding or inclusion in the Work Plan. Some projects are able to meet multiple CVTP Regional and/or Upper Valley Priorities which makes them stronger candidates for funding and staff time. Overview of Funding Renewals, Increases in Funding, Project Funding and New Requests Below is an overview of requests for funding renewals, increases in funding, project development funding, and new requests for the 2023 budget cycle. Please note that more detailed descriptions of each of the staff recommended expenditures are included within the ‘Outline of Funding Uses’ section later in this memo. Name Type of Request Requested Allocation Year EOTC 2022 Actual / Budget Amount 2023 Requested Amount Staff Recommended 2023 EOTC Budget Amount X-Games Transit Subsidy One Year Renewal 2023 $115,000 (Actual & Budget) $115,000 $115,000 We-Cycle Operational Support Ongoing (per FLMM) 2023-2027 $100,000 (Actual & Budget) $103,000 $103,000 Bike / Ped Connection from BC P&R to Rio Grande / AABC - Feasibility Project Request 2023 $25,000 (Actual & Budget) $25,000 $25,000 107 Truscott to Owl Creek Trail - Feasibility, Planning, and Design Project Request 2023 $119,770 (Actual) / $200,000 (Budget) $118,693 (not including 50% RFTA FLMM Grant) $118,693 (not including 50% RFTA FLMM Grant) Buttermilk Crossing and Transit Signal Bypasses - Feasibility, Outreach, Design Project Request 2023 $163,840 (Actual) / $200,000 (Budget) $150,587 (not including 50% RFTA FLMM Grant) $150,587 (not including 50% RFTA FLMM Grant) Project Request 2024 - $514,678 (can apply for 50% FLMM Grant in 2023) $514,678 (can apply for 50% FLMM Grant in 2023) Permanent Automated Vehicle Counters - Planning, Design, Permitting, Construct Project Budget Forward from 2022 2023 $0 (Actual) / $200,000 (Budget) $287,500 $287,500 Integrated Mobility Study (IMS) / Dynamic Road Pricing Analysis New Request 2023 - $100,000 $100,000 HOV Lane Enforcement New Request 2023 - $95,000 $95,000 Next Steps Following the adoption of both the EOTC Strategic Plan and updated Comprehensive Valley Transportation Plan (CVTP) in 2020, staff is looking down the road to identify projects that best meet these identified objectives and direction while remaining cognizant of financial constraints. To this end, continuing to make progress on the improvements at the Brush Creek Park and Ride, and development of the Snowmass Mall Transit Station are at the top of the priority list for both staff time and funding. This prioritization is reinforced by the annual Staff project scoring. Meanwhile, work on the Brush Creek Park and Ride to the AABC trail is recommended to continue in 2023 along with work efforts identified in the 2021 EOTC Near Term Transit Improvement Program approved in July 2021 as listed below. 108 - Truscott to Owl Creek Trail - Feasibility, Planning, and Initial Design; - Buttermilk Crossing and Transit Signal Bypasses - Feasibility and Initial Design; - Snowmass Direct Transit Service Improvement Analysis; - HOV Lane Enforcement Implementation (Analysis and EOTC direction provided in 2022); - Permanent Automated Vehicle Counters - Planning, Design, Permitting, and Construction; - Dynamic Road Pricing (Cordon/All-Lane Pricing, and Managed/HOT Lane Options) Please note: The funding sources, partnerships and description of each of these efforts are spelled out in more detail in the ‘Outline of Funding Uses’ section in this memo. Outline of Funding Uses Ongoing / Operational 1) Use tax collection costs and County overhead - $170,790 The proposed budget includes the county’s administrative costs of collection for both the sales and use tax as well as insurance. These costs are collected from the EOTC budget one year in arrears. This cost includes auditing of EOTC collections by the County’s Finance Department and administrative costs associated with the Transportation Director position (payroll, technical support, and human resources support). 2) Administrative costs and meeting costs - $12,900 The proposed budget includes other administrative and meeting costs. This includes costs such as recording and broadcasting EOTC meetings, food at EOTC meetings, and costs associated with the Transportation Director position (cell phone, work related travel, professional dues, education and training, postage and shipping, materials and supplies, and computers and computer equipment). 3) Country Inn taxi program in-lieu of bus stop safety improvements - $7,311 The EOTC implemented the Aspen Country Inn taxi service in 2001 to address bus stop safety issues faced by residents at this senior-priority housing complex. The lack of a traffic signal, crosswalk, sidewalk/trail to other transit stops, or median at this location along Highway 82 makes it unsafe for Country Inn residents to use transit for down valley trips or for return trips from Aspen. The Aspen Country Inn taxi program allows residents to use a taxi when their travel would otherwise require the crossing of Highway 82. Demand for this service varies from year to year. 4) X-Games transit subsidy - $115,000 This subsidy is paid to RFTA to help fund transit services for the X-Games. This request was renewed for one year in 2021, 2022 and is up for renewal again in 2023. This subsidy is a reimbursement for transit costs incurred during the X-Games. In 2021, while the EOTC approved the X-Games transit subsidy request, due to COVID-19 the X-Games did not have an in person audience and as a result transit services were not required. So, while the EOTC approved these funds in 2021, these funds were never expended. The subsidy was fully utilized in 2022 and the X-Games are expected to proceed with in person attendance in 2023. Please see Attachment 5 from the Aspen Skiing Company for details. 5) Brush Creek Park and Ride, DMS, and Perm Vehicle Counters operating costs (staring in 2024) - $95,000 The City of Aspen’s Parking Department manages the parking area of the Brush Creek Park and Ride Lot for the EOTC per an intergovernmental agreement. No staff cost for parking enforcement or management 109 of the lot is included. Instead, this budget funds maintenance, repairs, utilities, snow removal, trash removal, irrigation, and weed control. The cost for this service is expected to increase notably to about $95,000 annually starting in 2023 because of the installation of restrooms, additional landscaping and lighting, and increased paved parking area as a part of the FLAP grant reconstruction. As the EOTC may recall, this amount was budgeted to assume the maintenance of these new facilities in 2022, however due to untenable construction bids, project construction was postponed until 2023. It is expected that actual 2022 costs will be significantly below the budget amount since these new facilities were not installed. Staff has reviewed existing costs for repair, maintenance and snow removal at Rubey Park as well as other RFTA Park and Rides with restroom facilities to determine this cost estimate going forward. As the FLAP grant improvements are to be installed in 2023, staff will monitor costs at the upgraded facility and adjust anticipated costs accordingly in subsequent budget years. In addition, costs for operating and maintaining the Dynamic Message Sign (DMS) on Highway 82 is also included in this line item. Notable ongoing costs with the DMS include annual software fees, electricity, maintenance and repairs. Finally, this line items anticipates $10,000 per year for ongoing maintenance, software and data management costs related to the permanent vehicle counters that are planned to be installed in 2023. These operations costs have been added in to this line item starting in 2024. 6) No-fare Aspen-Snowmass-Woody Creek bus service subsidy - $0 This previously on-going expense has been removed from the EOTC budget starting in 2022. As a result of impacts from changes in State sale and use tax collection laws in 2019 that reduced revenue to the EOTC and increased revenue to RFTA, the cost of this no-fare service was transferred to RFTA starting in 2022. 7) We-Cycle operational support – $103,000 The EOTC has been supporting We-Cycle since 2018. As a result of RFTA’s First Last Mile Mobility (FLMM) study in 2021 and 2022, RFTA has entered into a partnership with We-Cycle moving forward. As a result of this plan and the partnership between RFTA and We-Cycle, Staff supports continued on- going contributions to We-Cycle at this historic amount of $100,000 annually and increasing by 3% per year to account for inflation. In order to ensure financial predictability for We-Cycle, staff recommends budgeting at this level to support We-Cycle through the budget horizon each year instead of subjecting it to annual appropriations. As is consistent with past EOTC support for We-Cycle, the annual EOTC contribution to We-Cycle is to support general operations of this important first and last mile service throughout the Roaring Fork Valley. 8) Regional Transportation Director - $161,482 The EOTC previously approved this on-going full-time position beginning in 2018. This amount reflects the cost of the position including base salary and County benefits as well as health insurance and wellness benefits. 110 Projects 9) Snowmass Mall Transit Station - $6,000,000 ($721,213 additional funds plus $5,278,787 required by ballot measure) (2023 allocation previously approved as part of 2021 EOTC budget) The EOTC is required by a 2000 ballot measure to provide a total of $7 million to Snowmass Village for transit enhancements, which has been programmed over the years for the new Snowmass Mall transit station. The current balance of this obligation in 2023 is $5,278,787. To help support the project in the face of shifting State and Federal grant availability and increasing costs, Snowmass Village requested and was approved by the EOTC in 2021 for additional funding in the amount of $721,213 from the EOTC in 2022. This brought the EOTC contribution for construction funds to a total of $6 million. This allocation by the EOTC has helped put this project in an advantageous position when applying for other grants, particularly with increasing costs. The project is currently moving through the design process. Please see the update memo from Sam Guarino, Town of Snowmass Village Transportation Director, included with the Updates memo in this packet for more details. 10) EOTC Professional Services, Regional Transportation Efforts, and Special Meetings - $15,000 This is a helpful line item for staff to be able to participate and make progress on low cost regional efforts that progress the EOTC Strategic Plan and Comprehensive Valley Transportation Plan as they emerge. In the past, these funds have been used for such projects as permitting for a Buttermilk Park and Ride directional sign on Highway 82 in 2021 and the EOTC retreat in 2022. 11) Brush Creek P&R FLAP Grant Match - $3,316,672 (balance of 2021 and 2022 allocation proposed to be forwarded to 2023) This FLAP match was initially $2 million from the EOTC and $2.2 million from the Federal Highways Administration (FHWA) for a total project cost of $4.2 million. As the EOTC is aware, through the design process, the cost estimate for the project increased to $6.5 million and then to $6.9 million in 2021. The FHWA increased their funding obligation in 2021 from $2.2 million to $2.4 million, staff has identified a CMAQ grant in the amount of $1,545,146, and RFTA has obligated $500,000 to be utilized to support this project, with the remaining balance being requested from the EOTC. This total EOTC match amount of is $3,538,128 in 2022. Total invoices through 2022 for this project is $44,506 in 2020 and $176,950 in 2021 for matching design costs, leaving a current balance of $3,316,672 in matching funds from the EOTC. As the Committee may recall, this project went out to construction bid in winter of 2021 for construction in 2022, with bids coming in 2 to 3 times the budgeted amount and the engineers estimates at the time. These construction bids were deemed untenably high and as a result the project was postponed until 2023. In August 2022, an updated Engineers Estimate for this project was developed by Jacobs Engineering. This updated engineers estimate is $8,225,000, or $1,476,103 higher than the 2022 construction budget. As the EOTC is aware, engineer’s estimates are not always correct and the real construction cost will not be known until late October 2022 when the construction bids are opened. This means that the real construction cost will not be known until after this meeting packet is distributed. Staff will bring the received construction bids to the EOTC meeting on October 27 for consideration and recommendation. 111 Engineer’s Estimate (Updated 8/5/22) Schedule A – Parking Area: $4,364,000 Option X – South Road/Bus Turnaround: $1,328,000 Option Y – Restroom Building: $2,533,000 TOTAL: $8,225,000 Available Construction Funds (Updated 8/5/22) FLAP Grant: $1,387,079 (fund balance from $2.4M, $1,012,921 expended in design to date) EOTC: $3,316,672 (fund balance from $3,538128, $221,456 expended in design to date) CMAQ:$1,545,146 RFTA: $500,000 TOTAL: $6,748,897 Funding gap to Engineers Estimate (as of 8/5/22): $1,476,103 As of the writing of this memo, construction is expected to begin in spring 2023 pending workable construction bids this fall. It is worth noting that the Brush Creek Park and Ride and transit facilities will remain operational throughout construction. Parking at the facility will be temporarily relocated to the east end gravel lot during construction. 12)Integrated Mobility Study (IMS) / Dynamic Road Pricing Analysis (2021 Near Term Transit Improvement Program Effort – Tier 3) - $100,000 Based on feedback from the EOTC at the April 2022 retreat, staff has been working with Fehr and Peers on a Scope of Work to continue analysis of the options for dynamic road pricing on Highway 82. These options include creating one managed lane (similar to those found on I-70 and Hwy 36) and congestion pricing all lanes. At the April 2022 EOTC retreat, the Aspen Institute presented the Integrated Mobility System (IMS) of which congestion reduction measures are one of the 5 identified strategies. Through subsequent studies on the IMS funded by the EOTC and conducted by Fehr and Peers in 2020 and 2021, the EOTC adopted the Near Term Transit Improvement Program in July 2021. This Program identified congestion pricing and managed lanes as the two most effective options for congestion reduction. However, due to the complexity of implementing either congestion pricing or a managed lane, this effort was identified as a Tier 3 effort within this Program due to its long-term nature (the Program prioritized near term efforts). In order to continue to answer some of the questions and concerns expressed by the EOTC at the retreat in April 2022 around congestion pricing and a managed lane, Staff is proposing allocating funds in 2023 to further this effort and conversation. The goal is to continue the conversation in 2023 in hopes of making progress on a resolution as to whether this is a direction the EOTC would like to pursue. The analysis in 2023 is preliminarily proposed to focus on the following topics. A final scope of work will be developed should funds be allocated for 2023 to advance this project. -Document the types of incentives and disincentives currently in place in the Upper Valley relative to other resort area in North America as well as a qualitative analysis of the programs currently in place (transit, carpooling, shared mobility, etc.). -Updated origin and destination information within the Upper Valley to help inform system planning (the most recent origin and destination information currently is AirSage data from 2017). 112 - The previous analysis focused on greenhouse gas emissions (GHG) and vehicle miles travelled (VMT), not congestion. It is recognized that while longer trips from visitors and commuters contribute more to GHG emissions and VMT and work to reduce GHG needs to focus on these trips, shorter trips within the Upper Valley could be contributing more to congestion. This next phase, utilizing the updated origin and destination data, would continue this analysis to look at congestion in combination with GHG and VMT. Using the updated origin and destination data, Fehr and Peers will quantify the shares of total trips generated by: o Residents of the Upper Valley o Long-distance visitor trips o Short distance visitor trips (trips entirely within Aspen/Snowmass) o Commute trips for Aspen/Snowmass Village employees o Commute trips for Aspen/Snowmass residents - Outline a “concept of operations” for a managed lane scenario and an all-lane congestion pricing scenario to manage demand into the Upper Valley. The primary objectives of either congestion management scenario will be to: o Reduce congestion and travel time into Aspen o Not induce additional trips into Aspen or across the Castle Creek Bridge o Reduce or hold steady GHG emissions and VMT in the Upper Valley o Reduce transit travel times and increase ridership Based on the operating objectives, Fehr & Peers will outline a set of operating characteristics related to the managed lane and congestion pricing scenarios. The findings will include the following: o Approximate extent of the managed (tolled) lane or location of tolled entrances o Identification of approximately what proportion of total travelers could be exempted from tolling (e.g., how much free travel can be allowed before the objectives above cannot be met?) o Compare the number of “exempted” travelers to major travel markets identified by the EOTC (e.g., inbound commuters or local residents) o Identification of additional capital improvements that may be required to ensure that buses are not delayed (although the extent of the congestion management will be set to try and avoid the need for additional capital improvements) o Approximate times of day when congestion management strategies may be necessary to achieve the goals above o Assumptions about parking charges and management that will be complementary to the overall congestion management program (e.g., it is assumed that parking management will continue to be necessary to avoid the possibility that people travel at off-peak times to avoid congestion management charges and overwhelm the community with parked cars) o Approximate number of cars that may be diverted to regional park and ride lots The analysis for Aspen and Snowmass Village will be prepared separately since Snowmass Village does not have the same congestion issues as Aspen does and may warrant a different concept of operations. - Equity and impact on local business analysis. The results of this analysis are projected to be reported out to the EOTC by Fehr and Peers at the proposed August 2023 meeting. $100,000 is proposed to support this effort, although actual expenses are expected to be below this budget amount. 113 13) Bike / Pedestrian Connection from BC P&R to Rio Grande / AABC Feasibility- $25,000 As the EOTC may recall from the October 2020 meeting and the March and May 2021 EOTC meetings, this is a partnership project to look at the trail connection from the Brush Creek Park and Ride to the Aspen Airport Business Center. A feasibility study was conducted in 2021 and presented to the EOTC in March of 2022. This feasibility study was conducted with Pitkin County Open Space and Trails (OST), City of Aspen Parks and Open Space, and the Elected Officials Transportation Committee each of which contributed to this study and effort. In 2021, Pitkin County OST advertised an RFP for the project and SGM has been selected to lead the effort. Total project cost was contracted at $108,000 although the EOTC contribution remained at $25,000 for 2021. In order to keep the project moving in 2022, an additional $25,000 was allocated from the EOTC to complete this study in collaboration with the City of Aspen and Pitkin County. The local project team consists of representatives from the City of Aspen Parks and Open Space Department, Pitkin County Open Space and Trails, the Town of Snowmass Village Parks and Recreation Department, and the Regional Transportation Director. Following review and presentation to the City of Aspen and Pitkin County trails and open space boards in February 2022, the alternatives and open space board feedback were presented to the EOTC at the March and May 2022 meetings. As a result of these reviews Staff has received direction to conduct further research and then begin the public outreach phase of the project. Staff is looking to continue with this direction from the open space boards and the EOTC in 2023. It is proposed that this next phase be reported out to the EOTC at the March 2023 meeting. $25,000 is requested for this research and public input phase and has been included in the 2023 EOTC recommended budget. This would continue to be a partnership with the City of Aspen Parks and Open Space ($25,000 contribution) and Pitkin County Open Space and Trails ($25,000 contribution) for a total 2023 project budget of $75,000. 14) Truscott to Owl Creek Trail - Feasibility, Planning, and Design (2021 Near Term Transit Improvement Program Effort – Tier 1) – $118,693 This allocation is to continue the ongoing feasibility, planning, public input, and design for the Truscott to Owl Creek Trail. The goal of this improvement is to provide basic bicycle and pedestrian infrastructure that connects the Aspen Country Inn (low-income senior priority housing) and other residential and commercial developments along this southwest side stretch of Highway 82 to transit stops at Truscott and Buttermilk. While this improvement will not bridge the bicycle and pedestrian divide that Highway 82 creates, it will provide safe connections to Truscott, which has a bicycle and pedestrian underpass and Buttermilk, which currently has a signalized bicycle and pedestrian crossing. Both Truscott and Buttermilk offer access to RFTA transit service with Buttermilk being a highly developed BRT stop. This improvement is not intended to supplant the EOTC’s support of the Aspen Country Inn’s Taxi in Lieu service, but is instead intended to compliment it. In 2022, SGM entered into a contract with the County for initial design, feasibility, and public input for this transit trail connection. As the Committee members may notice, while $200,000 was budgeted in 2022 for this initial phase, only $119,770 is expected to be expended through 2022. SGM has begun initial design, feasibility and public outreach in 2022. 114 For 2023, based on the RFP submitted by SGM for the next phase, it is anticipated that full design for this project will be completed in 2023. A report out to the EOTC is expected in mid-2023 at 30% design for input on alignment and overall design elements. Based on the RFP received from SGM, the cost of this next phase in 2023 is anticipated to be $237,385. A grant in the amount of $118,693 (50% of 2023 design costs) has been preliminarily approved by RFTA through the FLMM fund. As a result, the EOTC portion of this next phase of design in 2023 is budgeted at $118,693. If all goes as planned, this next effort will bring the project to construction bid documents in 2023 with potential construction in 2024 or 2025 depending on construction estimates, construction bids, and available funding. A final engineers estimate for this project will be determined in 2023 to allow for future project construction budgeting and pursuing construction grants. Due to the scope of the construction and design efforts occurring in 2023, Staff has added 15% to the overall annual cost of this project in order to hire an owner’s representative. This owner’s representative will assist in project management and help keep the project on schedule. The Transportation Director will remain the lead project manager for this project. 15) Buttermilk Crossing and Transit Signal Bypass Lanes - Feasibility and Initial Design (2021 Near Term Transit Improvement Program Effort – Tier 1) - $150,587 This allocation is to continue the feasibility, stakeholder input, and initial design for the Buttermilk Crossing and Transit Signal Bypass Lanes. The goals for these improvements are to: 1) provide superior protection for bicyclists and pedestrians across Highway 82 at Buttermilk, 2) remove the pedestrian crossing time at the Owl Creek signal thereby reducing transit and overall vehicle congestion, and 3) increase transit efficiency by allowing transit vehicles the ability to bypass one of the two signals at this intersection. These improvements would consist of: 1) a grade separated bicycle and pedestrian crossing at Buttermilk, 2) a bus bypass lane going up valley at the Harmony signal, and 3) a bus bypass lane going down valley at the Owl Creek signal. A grade separated bicycle and pedestrian crossing is necessary to implement an Owl Creek signal transit bypass lane since the at-grade bicycle and pedestrian crossing would need to be eliminated. Preliminary cost estimates for this trail connection provided by Mead and Hunt in 2021 were: $830,000 Design $8,570,000 Construction = $9,400,000 Total Project Cost RFTA currently has $500,000 allocated for this project as a part of Destination 2040. Although significant other funding sources are clearly necessary, these funds and the partnership with RFTA are important in securing State and Federal funding. In order to best leverage these RFTA funds, Staff recommends not utilizing the RFTA funds until construction. In 2022, the EOTC allocated $200,000 to begin the feasibility, initial design, and public input process for this project. The County entered into a contract with SGM in 2022 for the initial phase of this design, which is currently underway. While $200,000 was budgeted in 2022 for this initial design, only $118,693 are expected to be expended this year. 115 For 2023, based on the RFP response from SGM the costs are anticipated at a total of $301,174. RFTA has preliminarily approved a grant for the 2023 design phase for this project in the amount of $150,587, or 50% of the 2023 design cost. As a result, the EOTC portion of the design cost in 2023 is anticipated to be $150,587, as reflected in the proposed EOTC budget. A report out on this project is projected to come to the EOTC in mid-2023 for input and feedback before moving onto the next phase. Based on the SGM RFP, design costs in 2024 are anticipated and preliminarily budgeted for $514,678 (an additional 50% RFTA FLMM grant may be applied for in 2023 to help offset the 2024 design cost, which is not accounted for in this budget amount). This effort through 2024 will bring the project to 100% design and construction bid documents. Consent to move forward with this final level of design will be obtained from the EOTC at the meeting in mid-2023 and as a part of the 2024 budget cycle. Through the design process an engineer’s estimate for construction will be created. These engineer’s estimates will allow for future project construction budgeting as well as the ability to apply for construction grants. Significant funding sources outside the EOTC are necessary in order to bring this project to fruition. It is likely that identifying the necessary funding to bring this project to construction could take a couple years from the point of final design. Due to the scope of the construction and design efforts occurring in 2023, Staff has added 15% to the overall annual cost of this project in order to hire an owner’s representative. This owner’s representative will assist in project management and help keep the project on schedule. The Transportation Director will remain the lead project manager for this project. 16) HOV Lane Enforcement – Colorado State Patrol and Pitkin County Sheriff’s Office Support (2021 Near Term Transit Improvement Program Effort – Tier 1) - $95,000 High Occupant Vehicle (HOV) lane enforcement on Highway 82 between Basalt to the Aspen / Pitkin County Airport is a Tier 1 priority within the 2021 Near Term Transit Improvement Program. It is worth noting that this effort was identified as a Tier 1 priority as increasing compliance with the HOV lane is an important first step to increasing carpooling. With compliance, modeling has shown that high occupancy vehicles could see as much as a 10-minute reduction in overall travel times. As the Committee may recall, the development or implementation of a carpool app to match riders to drivers is a Tier 2 priority that is to be started once a plan for HOV lane enforcement is established. As a reminder, the HOV lanes are in effect Monday through Friday from 6:00 a.m. to 9:00 a.m. up valley (to Aspen) and from 3:00 p.m. to 6:00 p.m. down valley (to Basalt). Children do count as occupants for use of the HOV lane. In addition, motorcycles and alternative fuel vehicles are also permitted to use the HOV lanes at all times, even if the vehicle has only one occupant. While Colorado State Patrol (CSP) and the Pitkin County Sheriff’s Office (SO) acknowledge the need to patrol the HOV lanes on Highway 82, enforcement of these lanes has often not a priority for either organization. This is due to other higher competing priorities for law enforcement that directly affect life, safety and property. In addition, the Pitkin County SO and CSP are often short staffed, further decreasing the priority for the remaining officers. At the May 2022 EOTC meeting, the EOTC provided direction to staff to budget funding to support the CSP and SO to conduct HOV lane enforcement beginning in 2023. In addition, this enforcement is to be accompanied by a public outreach effort to both educate drivers about the HOV lane and its parameters as 116 well as make drivers aware that enforcement will become more commonplace. Both CSP and the Pitkin County SO are supportive of this effort and have been willing partners. For the 2023 budget, staff has identified the following breakdown of funding for HOV enforcement: Pitkin County SO: $60,000 CSP: $30,000 Outreach/Education: $5,000 Total: $95,000 Effectively, both the Pitkin County SO and CSP will charge the Transit Sales and Use Tax fund only for hours actually spent on patrol for HOV enforcement. The identified split of funds between the Pitkin County SO and CSP is an estimate that will need to be refined over time should this program continue. Several important point are worth noting should this program move forward in 2023: -While education efforts will begin in February and March of next year, enforcement is not anticipated to begin until April. This time gap is to allow drivers time to adjust driving habits as the education effort rolls out and to ensure that enforcement begins at a time when snowfall issues (reading signs and road markings) are minimized and it is not the peak traffic times as in the winter and summer. -Discussions with the Pitkin County SO and CSP have emphasized that deputies are not limited to only enforcement of HOV compliance during these times. As a result, the increased law enforcement presence should also have a positive impact on speeding, reckless driving and other traffic issues on Highway 82. -HOV enforcement will occur as deputies are available and as a result, deputies will not be conducting HOV enforcement on a daily basis. This means that while the exact days and times for enforcement are unlikely to be preplanned, the enforcement effort is expected to be ‘light’ as was directed by the EOTC at the May 2022 meeting. -Preliminary education efforts discussed with the Pitkin County SO, CSP and the Pitkin County Communications Director include: o Digital ads on the Waze mapping/commuting app o Radio ads during drive time (APR, La Tricolor, KSPN) o RFTA bus signs (signs on the interior of the bus, above seats) o Dynamic message signs on HWY 82 o Short video interviews for social media (e.g. with bus drivers, deputies) o Press releases 17) Permanent Automated Vehicle Counters - Planning, Design, Permitting, Construction (2021 Near Term Transit Improvement Program Effort – Tier 1) - $287,500 As the Committee may recall, $200,000 was budgeted in 2022 for funding to hire a consulting and implementation team to plan, design, permit, and construct / install a system of vehicle counters in the Upper Valley. Currently, the only permanent counter on Highway 82 in the upper valley is at the Castle Creek bridge. While this counter has been very beneficial over the years and should remain in place, to be able to better track VMT, GHG emissions, and congestion over the long term, additional permanent counters are recommended. In 2022, Staff advertised for a contractor for this project, however no responses were received. After reaching out to firms individually, one firm eventually expressed interest in the project. After a couple months of discussions with this firm, the firm pulled out and decided not to pursue the project. 117 At this point, the Pitkin County Telecommunications Department voiced interest in doing the design for this project. After conversations with transportation staff, it was decided to move forward with Pitkin County Telecommunications doing the design and then putting that design out for installation bid in the winter of 2022 or spring of 2023. In order for Pitkin County Telecommunications to fit this project into their work plan, the design effort was identified as beginning in the fall of 2022. Through the RFP process, staff did learn that equipment and installation costs are more than anticipated. And while there will likely be savings with Pitkin County Telecommunications doing the design, the budgeted amount for this project is now recommended at $287,500. While the specific locations of these counters are not yet identified, the general locations identified to date are at Brush Creek Road near Highway 82, Owl Creek Road, Power Plant Road, and on Highway 82 at the AABC / Airport. Staff will work with the design team to determine the most beneficial locations and types of counters based on the specific circumstances. RECOMMENDED EOTC ACTION: - Adopt staff recommended 2023 EOTC Budget (Motion, Second, and Roll Call Vote by Jurisdiction) Adoption of the annual EOTC budget requires resolutions of approval from the City of Aspen and Town of Snowmass Village. Draft resolutions are attached to this memo. An affirmative vote by each jurisdiction at the EOTC meeting authorizes signature on these resolutions. As the fiscal agent for the EOTC, Pitkin County will formally adopt the EOTC budget, as approved by the EOTC, as a part of the annual County budget process. As a result, the County budget approval process will act as the County’s formal adoption in lieu of a separate resolution. ATTACHMENTS: 1.Staff Proposed 2023 EOTC Budget 2.2023 EOTC Decision Making Matrix 3.2023 EOTC Revenue Comparison Chart 4.Memo from Aspen Skiing Company 5.Town of Snowmass Village Draft Resolution of Approval 6.City of Aspen Draft Resolution of Approval 118 2023 EOTC Proposed Budget - DRAFT FOR REVIEW EOTC Transit Project Funding Projection or Projection or Actual Actual Budget Budget Plan Plan Plan Plan 2020 2021 2022 2023 2024 2025 2026 2027 FUNDING SOURCES: Pitkin County 1/2% sales tax 6,787,148 8,738,030 9,873,974 8,787,837 9,359,046 9,733,408 10,122,744 10,527,654 less RFTA contribution (81.04% of 1/2% sales tax)5,500,305 7,081,300 8,001,869 7,121,663 7,584,571 7,887,954 8,203,472 8,531,611 net 1/2% sales tax funding to EOTC 1,286,843 1,656,730 1,872,105 1,666,174 1,774,475 1,845,454 1,919,272 1,996,043 Pitkin County 1/2% use tax 996,543 1,064,309 630,000 600,250 612,855 625,725 638,865 652,281 Investment income & misc.276,309 82,067 81,167 278,074 286,416 295,008 303,858 312,974 Total Funding Sources 2,559,694 2,803,106 2,583,272 2,544,498 2,673,746 2,766,187 2,861,995 2,961,298 FUNDING USES: Ongoing / Operational Use tax collection costs & overhead 159,491 144,669 151,525 170,790 174,547 178,562 182,669 186,870 Administrative costs & meeting costs 5,755 3,505 12,673 12,900 13,184 13,487 13,797 14,114 Country Inn taxi program in-lieu of bus stop safety improvements 3,444 2,293 7,154 7,311 7,472 7,644 7,820 8,000 X-Games transit subsidy 115,000 115,000 115,000 Brush Creek Park and Ride / DMS operating costs / Perm Vehicle Counters (starting in '24)29,993 25,972 95,000 95,000 105,000 107,415 109,886 112,413 No-fare Aspen-Snowmass-Woody Creek bus service - year-round 690,075 813,678 WE-cycle operational support 100,000 100,000 100,000 103,000 106,090 109,273 112,551 115,927 Regional Transportation Administrator 141,713 145,092 152,529 161,482 167,134 173,819 179,903 186,200 sub-total Ongoing / Operational 1,245,470 1,235,208 633,881 665,483 573,427 590,200 606,626 623,524 net funding available for projects 1,314,224 1,567,898 1,949,391 1,879,015 2,100,319 2,175,987 2,255,369 2,337,774 Projects Variable message sign on Hwy 82 494,652 39,060 Snowmass Mall transit station (2000 Ballot Required Funding $7M - 2023 balance $5,278,787) 650,000 300,000 6,000,000 EOTC Professional Services, Regional Transportation Efforts, Special Mtgs 1,890 4,000 15,000 15,000 Brush Creek Park and Ride FLAP grant match 44,506 176,950 3,316,672 Integrated Mobility Study (IMS) / Dynamic Road Pricing Analysis 18,420 21,488 3,512 100,000 Upper Valley Transit Enhancement Study 43,915 Bike / Ped Connection from BC P&R to Rio Grande / AABC 25,000 25,000 25,000 Maroon Creek Roundabout - CDOT Reconstruction Contribution 271,000 2021 Near Term Transit Improvement Program Efforts: Truscott to Owl Creek Trail - Feasibility, Planning, and Design (2023 total = $237,385; 2023 EOTC budget does not include $118,692 RFTA FLMM Grant)119,770 118,693 Buttermilk Crossing and Transit Signal Bypasses - Feasibility and Design (2023 total = $301,174; 2023 EOTC budget does not include $150,587 RFTA FLMM Grant)163,840 150,587 514,678 Snowmass Direct Transit Service Improvement Analysis 35,000 HOV Lane Enforcement - CSP and Pitkin SO Support 95,000 Permanent Automated Vehicle Counters - Planning, Design, Permitting, Install 287,500 sub-total Projects 1,209,467 610,413 633,122 10,108,452 514,678 - - - Total Uses 2,454,938 1,845,621 1,267,003 10,773,935 1,088,105 590,200 606,626 623,524 EOTC ANNUAL SURPLUS/(DEFICIT)104,756 957,485 1,316,269 (8,229,437) 1,585,641 2,175,987 2,255,369 2,337,774 EOTC CUMULATIVE SURPLUS FUND BALANCE 11,582,180 12,539,665 13,855,934 5,626,497 7,212,138 9,388,125 11,643,494 13,981,268 (284,485) 1,283,413 3,232,804 5,111,819 7,212,138 9,388,125 11,643,494 13,981,268 a) sales tax -2.05%18.00%13.00% -11.00% 6.50% 4.00% 4.00% 4.00% b) use tax -39.6%6.8%-40.8%-4.7% 2.10% 2.10% 2.10% 2.10% c) investment earnings rate 0.5% 0.69% 0.54% 0.75% 3.00% 3.00% 3.00% 3.00% Revenue projections: Unobligated EOTC Fund Balance (Current Year Operations and All Current and Future Projects) Attachment 1 11 9 EOTC Decision Making Matrix Scoring:Greatly Exceeds 5 Exceeds 4 2023 EOTC Budget Meets 3 Combined Average ‐ Partially Meets 2 COA, TOSV, RFTA, PitCo, TA Does Not Meet 1 8/15/2022 New Requests / Efforts Aspen Country Inn ‐ Taxi in Lieu of Bus  Stop BC P&R FHWA  FLAP Grant Match  for P&R  Improvements Snowmass Mall  Transit Station X‐Games Bus  Subsidy We‐Cycle  Operating Support Bike/Ped  Connection from  BC P&R to Rio  Grande / AABC ‐  Feasability  Truscott to Owl  Creek Trail ‐  Feasibility,  Planning, and  Design  Buttermilk  Crossing and  Transit Signal  Bypasses ‐  Feasibility and  Initial Design Permenant  Automated Vehicle  Counters ‐  Planning, Design,  Permitting,  Construction HOV Lane  Enforcement  Brush Creek Park  and Ride ‐ Long‐ Term Parking IMS / Dynamic Road Pricing Analysis Score Score Score Score Score Score Score Score Score Score Score Score Mission:Describes what the EOTC does 2.4 4.2 3.8 3 3.2 3.4 3.5 4.2 3.8 3.6 3.1 3.4 Work collectively to reduce and manage  the volume of vehicles on the road and  parking system and continue to develop  and support a comprehensive multimodal,  long‐range strategy that will insure a  convenient, equitable and efficient  transportation system for the Roaring Fork  Valley.2.4 4.2 3.8 3 3.2 3.4 3.5 4.2 3.8 3.6 3.1 3.4 Vision: Describes where the EOTC is going 2.2 4.6 4 3 3.6 3.6 3.9 3.8 3.5 3.9 3.2 3.0 We envision the Roaring Fork Valley as the  embodiment of a sustainable  transportation system emphasizing mass  transit and mobility that contributes to the  happiness and wellbeing of residents and  visitors. 2.2 4.6 4 3 3.6 3.6 3.9 3.8 3.5 3.9 3.2 3.0 Guiding Principles:Describes the principles to be enacted as the EOTC  pursues it's Vision 6.4 13 12 8.6 9.8 11.6 9.9 10.8 10.5 9.7 8.7 9.0 Environmental Sustainability All projects will promote a balanced natural and built  environment while reducing greenhouse gas  emissions.1.6 4.2 4 2.6 3.4 3.8 3.6 3.3 3.4 3.5 2.6 3.6 Economic Sustainability Efforts will strive to increase emergency and economic  resiliency while considering the financial, legal and  physical practicality of each project.  2.2 4 3.8 3 2.8 3.4 2.9 3.5 3.8 3.2 3.3 3.2 Social Sustainability Encourage a top‐line transportation experience for all  residents and visitors while striving to increase equity,  proximity, reliability, and efficiency of the network to  meet the transportation needs of all people. 2.6 4.8 4.2 3 3.6 4.4 3.4 4.0 3.3 3.0 2.8 2.2 Key Strategies:Describes how the EOTC will move toward enacting  it's Guiding Principles and realizing it's Vision 6.2 12.8 12 9.6 11 10.8 8.3 10.7 9.0 10.7 7.9 10.4 Multi‐Modal Network that Encourages  Mode Shift  All decisions will support public mass transit and  mobility. In addition, new technologies that support  mode shift away from private vehicles will be  embraced. 2.4 4.6 4.4 3.6 4.2 3.8 3.3 3.7 2.8 3.9 2.8 4.6 Regionalism and  Cross‐Sector Approach All decisions will consider the needs of the whole  Roaring Fork Valley as well as the context of the  greater regulatory and community environment, such  as housing and land use controls. 1.8 3.8 3.6 3.4 3.4 3.4 2.3 3.5 3.0 3.2 2.7 3.0 Communication and  Inter‐Governmental   Engagement  The EOTC will strive to communicate and engage with  local stakeholders, citizens, partner organizations, and  other local, State and Federal government agencies to  support its Mission, Vision, and Guiding Principles and  implement its Key Strategies.2 4.4 4 2.6 3.4 3.6 2.7 3.5 3.2 3.6 2.4 2.8 Total Score 17.2 34.6 31.8 24.2 27.6 29.4 25.6 29.5 26.8 27.9 22.9 25.8 XX X X X XXXXXXX XXXX XXX X X XXXXX X XXXXXXXXXX X XX XXXX X X XXXXX X XX XXXXXX X XX X Multi‐Modal Hub and Transit Connections to Airport / AABC Multi‐Modal Solution to Entrance to Aspen Snowmass Village to BC P&R Service Commensurate with Highway 82 Corridor Transit Service Electrification of Transit System Existing Obligations / Previously Scored Projects First and Last Mile Solutions Transit Speed, Accessibility, Reliability, and Efficiency Enhancements Congestion Mitigation Measures Technologies and Innovation to Encourage Mode Shift Bike and Pedestrian Connections to Transit Stops and BC P&R Criteria ‐EOTC Strategic Plan Description of Criteria Park and Ride Improvements Place "X" in cell if the expenditure meets Priority Regional Priorities ‐ EOTC CVTP Upper Valley Priorities ‐ EOTC CVTP Attachment 2 12 0 Attachment 3 2018 - 2021Revenue Comparison and 2022 Projections 2018, 2019, and 2020 Actual Revenues 2022 Revenue Projection – Est. as of October 2021 (2022 Draft Budget) Revenue Destination 2018 Revenue - Actual 2019 Revenue – Actual 2020 Revenue - Actual 2021 Revenue – Actual Dollar Change and Percent Change – Actual (2020 & 2021) 2022 Revenue – Projected Dollar Change and Percent – 2021 & 2022 Pitkin County 0.5% Transit Sales Tax RFTA (81.04%) $4,594,862 $5,615,494 $5,500,305 $7,081,300 $1,580,995 28.8% $8,001,869 $920,569 13% EOTC (18.96%) $1,075,007 $1,313,793 $1,286,843 $1,656,730 $369,887 28.8% $1,872,105 $215,375 13% Pitkin County 0.5% Transit Use Tax EOTC $1,484,002 $1,648,572 $996,543 $1,064,309 $67,766 6.8% $630,000 - $434,309 - 40.8% Investment Income EOTC $166,211 $295,008 $276,309 $82,067 - $194,242 - 70.3% $81,167 - $900 - 1.1% Total EOTC Annual Revenues EOTC $2,725,220 $3,257,373 $2,559,694 $2,803,106 $243,412 9.5% $2,583,272 -$219,834 -7.8% 121 To: Elected Officials Transportation Committee From: Aspen Skiing Company Date: September 2, 2022 Re: 2023-24 X Games Aspen Funding Request In 2022, Aspen Snowmass hosted the 21st consecutive X Games at Buttermilk Mountain with the support of our community partners. The event welcomed back the energy and vitality of spectators while showcasing everything our amazing resort and community has to offer on media platforms across the globe and providing top-tier winter sports athletes a platform to showcase their talents leading up to the Olympics. It took seamless collaboration between multiple local agencies, ASC and ESPN to pull off an event of this caliber. Event access required proof of vaccination and enabled us to safely host another major winter sports event during the pandemic and added to the blueprint of successfully hosting pandemic events both near and far. The outcome of the community’s efforts resulted in another year of impressive coverage of X Games Aspen. 2022 Recap 22 hours of Live TV/Online coverage reaching tens of millions across the US in original programming Televised and packaged for rebroadcast globally to 190 countries and more than 500MM homes 73+% between ages 18-34 Coverage and mentions during Olympic broadcast Looking forward to the 2023 X Games, January 27-29, 2023, we remain optimistic that we will see increased visitation, on-site activations along with all the energy and vitality of a younger demographic coming to visit the resort but will still remain flexible and fluid leading up to the event. Much like last year, a lot can change between now and January 27th so we are again requesting the $115,000 contribution from the EOTC in the form of a reimbursement instead of an upfront commitment. Thank you for EOTC’s continued support of this valuable community initiative. Joey Woltemath Director of Event Operations Aspen Skiing Company X Games Aspen Attachment 4 122 TOWN OF SNOWMASS VILLAGE RESOLUTION NO. SERIES OF 2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, APPROVING THE 2023 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the Pitkin County Board of County Commissioners (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated May 3rd, 2021 which identifies the method and process by which the Parties are to implement the Plan; and WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered and approved the attached 2023 budget for the Pitkin County one-half cent transit sales and use tax; and WHEREAS, the Town of Snowmass Village Council now desires to ratify the budget approval given at the EOTC meeting by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, that the 2023 budget for the one-half cent transit sales and use tax is hereby approved. READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 27 of October, 2022, upon a motion made by Council Member __________, the second of Council Member __________, and upon a vote of ___ in favor and ___ opposed. TOWN OF SNOWMASS VILLAGE _________________________ Bill Madsen, Mayor Attachment 5 123 APPROVED AS TO FORM ________________________ John Dresser, Town Attorney ATTEST: _________________________ Megan Boucher, Town Clerk Attachment 5 124 RESOLUTION NO. ____ SERIES OF 2022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE 2023 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners and the Town Council of Snowmass Village (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated May 3rd, 2021 which identifies the method and process by which the Parties are to implement the Plan; and WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered and approved the attached 2023 budget for the Pitkin County one-half cent transit sales and use tax; and WHEREAS, the City of Aspen wishes to ratify the approvals given at the EOTC meeting by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that the attached 2023 budget for the one-half cent transit sales and use tax is hereby approved. RESOLVED, APPROVED, AND ADOPTED this 27 day of October, 2022, by the City Council for the City of Aspen, Colorado. _________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held October 27, 2022. _________________________ Nicole Henning, City Clerk Attachment 6 125 AGENDA ITEM SUMMARY EOTC MEETING DATE: October 27, 2022 AGENDA ITEM TITLE: EOTC 2023 Work Plan STAFF RESPONSIBLE: David Pesnichak, Transportation Director ISSUE STATEMENT: Attached for review and approval is the Proposed 2023 Work Plan. This Work Plan is to provide transparency in the work efforts proposed to advance the 2020 EOTC Strategic Plan and 2020 EOTC Comprehensive Valley Transportation Plan (CVTP). In addition to the work items, this Plan also recommends meeting dates for 2023 along with topical focus areas for each of the EOTC meetings. BACKGROUND: The EOTC has many work items that need to be addressed in the coming years. In order to ensure we are all moving in an agreed upon direction, staff has created the attached 2023 Work Plan. The creation of an annual Work Plan is a requirement of the EOTC Strategic Plan. This Plan is to bring together the following work projects facing the EOTC through 2023. This Plan is not intended to be all-inclusive and is anticipated to be updated as needed. Note that while the Work Plan includes all proposed projects to be undertaken by the EOTC in the coming year, some projects also require a budget expenditure to proceed. Following each of the projects listed below is a note whether that project is “Work Plan only” with no requested budgetary allocation or is “Work Plan and Budget” which do require a budgetary allocation to move forward. Projects that require a budgetary allocation are more fully described in the Budget memo. The following projects are proposed within the attached Work Plan: 2023: - Brush Creek Park and Ride - Develop Partnership with Holy Cross Energy for EV Charger Install (Work Plan only) - Bike / Ped Connection to Rio Grande / AABC Feasibility Study – Public Outreach (Work Plan and Budget) - FLAP Improvements - Construction (Work Plan and Budget) - Food Truck /Farm Stand Experiment – Permitting for annual implementation, if successful (Work Plan only) - 2021 EOTC Near Term Transit Improvement Program -Truscott to Owl Creek Trail – Planning, Design, Public Input, Identification of Funding Sources (Work Plan and Budget) 126 - Buttermilk Bike/Pedestrian Crossing and Transit Signal Bypasses - Planning, Stakeholder Outreach, Initial Design, and Partnership and Funding Identification (Work Plan and Budget) -HOV Lane Enforcement (Work Plan and Budget) -Analysis of Up Valley and Down Valley Service Enhancements to Snowmass (Work Plan and Budget) -Additional Permanent Automated Vehicle Counters (Work Plan and Budget) - Dynamic Road Pricing – Congestion Management Analysis (Work Plan and Budget) - Participate in Snowmass Transit Center, Airport, and Regional Transportation Planning / Visioning, as appropriate 2024: - Brush Creek Park and Ride - Recommendation on Long-Term Parking Plan (Parking over 24 hours) - Food Truck /Farm Stand – Manage Food Truck / Farm Stand, if permitted - 2021 EOTC Near Term Transit Improvement Program -Truscott to Owl Creek Trail – Finalize Construction Bid Documents, RFP for Construction - Buttermilk Bike/Pedestrian Crossing and Transit Signal Bypasses - Complete Design and Engineering - HOV Enforcement – Continue program if successful in 2023 -Participate in Snowmass Transit Center, Brush Creek P&R Development, Airport, and regional transportation planning / visioning, as appropriate In addition to the above actions, the Work Plan also identifies the responsible party, preliminary timeline, expected outcome and the link to the Strategic Plan and CVTP from the action. The Work Plan includes the following regular meeting / retreat dates, host, and topic area for 2023: Date Location Time Estimate Anticipated Topic March 30, 2023 (Thursday) Pitkin County 4pm to 6pm Snowmass Transit Connection Analysis Report Out and Review Brush Creek Park and Ride to AABC Trail Connection Public Outreach Report Out and Review June 29, 2023 (Thursday) Town of Snowmass Village 4pm to 6pm Truscott to Buttermilk Trail Alignment and Project Review Buttermilk Crossing and Transit Bypass Lanes Project and Overpass/Underpass Review August 31, 2023 (Thursday) Pitkin County 4pm to 6pm Dynamic Road Pricing – Congestion Management Analysis Report Out and Review October 26, 2023 (Thursday) City of Aspen 4pm to 6pm 2024 Budget and Work Plan 127 The Work Plan also calls for additional meetings, if necessary, in order to complete necessary tasks identified within the Plan. BUDGETARY IMPACT: Staff has proposed a line item for $15,000 in 2023 to help support this Work Plan, including the 2023 meetings, as needed professional services, other low-cost efforts that advance the EOTC Strategic Plan and CVTP, or other materials as needed. RECOMMENDED ACTION: - Adopt staff recommended 2023 EOTC Work Plan and Meeting Schedule (Motion, Second, and Roll Call Vote by Jurisdiction) Adoption of the annual EOTC Work Plan and Meeting Schedule requires resolutions of approval from the City of Aspen, Town of Snowmass Village, and Pitkin County. Draft resolutions are attached to this memo. An affirmative vote by each jurisdiction at the EOTC meeting authorizes signature on these resolutions. ATTACHMENTS: 1.2023 Draft EOTC Work Plan and Meeting Schedule 2.Town of Snowmass Village Draft Resolution of Approval 3.City of Aspen Draft Resolution of Approval 4.Pitkin County Draft Resolution of Approval 128 EOTC Work Plan and Meeting Schedule – DRAFT 2023 2023 Action Responsible Party Timeline Expected Outcome Link to Strategic Plan and CVTP Brush Creek P&R: Develop Partnership with HCE for EV Charger Install Bike / Ped Connection to Rio Grande / AABC – Public Outreach FLAP Improvements – Construction Food Truck / Farm Stand – Experiment EOTC Staff EOTC Staff in Partnership with PitCo and COA Open Space and Trails EOTC Staff in Collaboration with RFTA, CDOT, FHWA, COA, and TOSV EOTC Staff All Year All Year – Report out at completion of public outreach All Year All Year Develop Partnership for Installation of EV Chargers following Completion of FLAP Improvements. With feedback from EOTC in 2022 on Feasibility Study, Public Outreach will be Conducted in 2023 with Outcomes brought back to EOTC for Consideration. Construction of Approved FLAP Improvements. If successful, resubmit Location and Extent application with Pitkin County to allow one food truck on annual basis. Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Electrification of Transit System Attachment 1 129 2021 EOTC Near Term Transit Improvement Program: Truscott to Owl Creek Trail Buttermilk Bike / Pedestrian Crossing and Transit Signal Bypasses HOV Lane Enforcement Analysis of Up Valley and Down Valley Service Enhancement to Snowmass Additional Permanent Automated Vehicle Counters Dynamic Road Pricing – Congestion Management Analysis EOTC Staff EOTC Staff EOTC Staff EOTC Staff EOTC Staff EOTC Staff All Year – Report Out for Review of Alignment All Year – Report Out for Review of Overpass vs. Underpass All Year All Year – Report Out for Review of Report Completed in 2022 All Year All Year – Report Out at Completion Planning, Stakeholder Outreach, Design, and Partnership and Funding Identification. Planning, Stakeholder Outreach, Initial Design, and Partnership and Funding Identification. Implement Enforcement Based on Direction Obtained from EOTC in May 2022. Snowmass transit connection analysis to evaluate transit effectiveness and efficiency, and determine cost, frequency, and expected utilization of increased / enhanced service levels. Plan, Design, Permit, Construct Additional Vehicle Counters in Key Locations within Upper Valley Progress outcome from EOTC 2022 retreat to further evaluate two identified VMT and GHG reduction measures using dynamic road pricing: managed lanes and congestion pricing on all lanes. Analysis to include additional and updated traffic data collections and Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Lot Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Congestion Mitigation Measures; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen; Snowmass Village to Brush Creek Park and Ride Service Commensurate with Highway 82 Corridor Transit Service Attachment 1 130 development of “concept of operations” for dynamic road pricing options to incentivize transit including options to address equity concerns. Participate in Snowmass Transit Center, Airport, and Regional Transportation Planning / Visioning Staff and EOTC, as Appropriate All Year Participate in Transportation Related Planning and Visioning, as Appropriate. Dependent on Project / Initiative 2024 Action Responsible Party Timeline Expected Outcome Link to Strategic Plan and CVTP Brush Creek P&R: Recommendation on Long-Term Parking Plan Food Truck / Farm Stand EOTC Staff EOTC Staff All Year All Year Staff Recommendation on how Long-Term Parking (over 24 hours) could be Accommodated and Managed Manage and Execute Food Truck / Farm Stand if Permitted. Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Improvements; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Multi-Modal Solution to Entrance to Aspen Attachment 1 131 2021 EOTC Near Term Transit Improvement Program: Truscott to Owl Creek Trail Buttermilk Bike / Pedestrian Underpass and Transit Signal Bypasses HOV Lane Enforcement EOTC Staff EOTC Staff EOTC Staff All Year All Year All Year Finalize Construction Bid Documents, RFP for Construction Complete Design and Engineering If successful in 2023, continue in 2024 Guiding Principles: Environmental Sustainability, Economic Sustainability, Social Sustainability Key Strategies: Multi-Modal Network that Encourages Mode Shift, Regionalism and Cross-Sector Approach, Communication and Inter-Governmental Engagement CVTP Regional Priorities: Park and Ride Lot Improvements; First and Last Mile Solutions; Transit Speed, Accessibility, Reliability, and Efficiency Enhancements; Congestion Mitigation Measures; Technologies and Innovation to Encourage Mode Shift CVTP Upper Valley Priorities: Bike and Pedestrian Connections to Transit Stops and BC P&R; Multi-Modal Solution to Entrance to Aspen Participate in Snowmass Transit Center, Brush Creek P&R Development, Airport, and regional transportation planning / visioning Staff and EOTC, as Appropriate All Year Participate in Transportation Related Planning and Visioning, as Appropriate. Dependent on Project / Initiative Attachment 1 132 2023 EOTC Scheduled Meeting Dates Date Location Time Estimate Anticipated Topic March 30, 2023 (Thursday) Pitkin County 4pm to 6pm Snowmass Transit Connection Analysis Report Out and Review Brush Creek Park and Ride to AABC Trail Connection Public Outreach Report Out and Review June 29, 2023 (Thursday) Town of Snowmass Village 4pm to 6pm Truscott to Buttermilk Trail Alignment and Project Review Buttermilk Crossing and Transit Bypass Lanes Project and Overpass/Underpass Review August 31, 2023 (Thursday) Pitkin County 4pm to 6pm Dynamic Road Pricing – Congestion Management Analysis Report Out and Review October 26, 2023 (Thursday) City of Aspen 4pm to 6pm 2024 Budget and Work Plan Note: Additional meeting may be necessary in order to complete necessary tasks identified within this Plan. Attachment 1 133 TOWN OF SNOWMASS VILLAGE RESOLUTION NO. SERIES OF 2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, APPROVING THE 2023 WORK PLAN FOR THE ELECTED OFFICIALS TRANSPORTATION COMMITTEE (EOTC) WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the Pitkin County Board of County Commissioners (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated May 3rd, 2021 which identifies the method and process by which the Parties are to implement the Plan; and WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered and approved the attached 2023 work plan for the Pitkin County one-half cent transit sales and use tax; and WHEREAS, the Town of Snowmass Village Council now desires to ratify the work plan approval given at the EOTC meeting by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, that the 2023 work plan for the one-half cent transit sales and use tax is hereby approved. READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado on the 27 of October, 2022, upon a motion made by Council Member __________, the second of Council Member __________, and upon a vote of _ in favor and _ opposed. TOWN OF SNOWMASS VILLAGE _________________________ Bill Madsen, Mayor Attachment 2 134 APPROVED AS TO FORM ________________________ John Dresser, Town Attorney ATTEST: _________________________ Megan Boucher, Town Clerk Attachment 2 135 RESOLUTION NO. ____ SERIES OF 2022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE 2023 WORK PLAN FOR THE ELECTED OFFICIALS TRANSPORTATION COMMITTEE (EOTC) WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners and the Town Council of Snowmass Village (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated May 3rd, 2021 which identifies the method and process by which the Parties are to implement the Plan; and WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered and approved the attached 2023 work plan for the Pitkin County one-half cent transit sales and use tax; and WHEREAS, the City of Aspen wishes to ratify the approvals given at the EOTC meeting by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that the attached 2023 work plan for the one-half cent transit sales and use tax is hereby approved. RESOLVED, APPROVED, AND ADOPTED this 27 day of October, 2022, by the City Council for the City of Aspen, Colorado. _________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held October 27, 2022. _________________________ Nicole Henning, City Clerk Attachment 3 136 1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO ADOPTING THE 2023 ELECTED OFFICIALS TRANSPORTATION COMMITTEE (“EOTC”) WORK PLAN RESOLUTION NO. ______, 2022 RECITALS WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter (“HRC”) official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens, and; WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the Pitkin County Board of County Commissioners (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, the Parties entered into an Intergovernmental Agreement (IGA) dated May 3rd, 2021 which identifies the method and process by which the Parties are to implement the Plan; and WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered and approved the attached 2023 work plan for the Pitkin County one-half cent transit sales and use tax; and WHEREAS, at the EOTC meeting held on October 27, 2022, the Parties considered and approved the attached 2023 work plan hereto as Exhibit “A”, and; WHEREAS, the BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts a Resolution of the Board of County Commissioners (“BOCC”) of Pitkin County, Colorado adopting the 2023 EOTC work plan and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. APPROVED BY THE BOARD OF COUNTY COMMISSIONERS BY A MAJORITY VOTE AFTER A DULY NOTICED PUBLIC HEARING, AT THE ELECTED OFFICIAL TRANSPORTATION COMMITTEE MEETING HELD ON OCTOBER 27, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS Attachment 4 137 2 By _________________________ By: _____________________________ Jeanette Jones Kelly McNicholas Kury, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Jon Peacock, County Manager Effective 01-01-2020 Attachment 4 138 AGENDA ITEM SUMMARY EOTC MEETING DATE: October 27, 2022 AGENDA ITEM TITLE: Transportation Director Updates STAFF RESPONSIBLE: David Pesnichak, Transportation Director ISSUE STATEMENT: This memo is intended to keep the EOTC up to date on efforts that are within or could affect areas within the EOTC’s purview. The updates included in this memo are as follows. a)Status Update on 2021 EOTC Near Term Transit Improvement Program b)Food Truck at Brush Creek Park and Ride c)Town of Snowmass Village Transit Center – Progress Update (Provided by Sam Guarino, Transportation Director, Town of Snowmass Village) BACKGROUND: The following update is provided for EOTC information. a.Status Update on 2021 EOTC Near Term Transit Improvement Program As the EOTC members may recall, at the July 29, 2021 EOTC meeting, the Committee adopted the 2021 EOTC Near Term Transit Improvement Program. The purpose of this Program is to identify the near term priority projects to improve transit within the Upper Valley. As originally anticipated, starting with the 2022 budget year staff has utilized this document to development the 2023 EOTC budgets and work plans. Staff is currently working through the identified Tier 1 priorities, which have been appropriately budgeted and / or identified in the 2022 Work Plan. Work on the Tier 1 priorities is proposed to continue in 2023. Additional work is proposed to continue on Dynamic Road Pricing in 2023 based on the feedback received at the April 2022 EOTC Retreat. As a long term effort, Dynamic Road Pricing is identified as a Tier 3 priority within the Near Term Transit Improvement Program. Please see Attachment 1 for an update overview of each of the projects within the Near Term Transit Improvement Program. 139 b. Food Truck at Brush Creek Park and Ride – Progress Update A one-year food truck / farm stand experiment is currently permitted by Pitkin County to take place for one season between 2022 and 2025. The current County permit limits a food truck/farm stand for one season with any additional seasons requiring additional County permitting pending favorable data on the food truck promoting transit and carpooling from the Park and Ride. Through the 2022 EOTC Work Plan amendment process that took place in February 2022, Staff heard from the elected officials that having a food truck at the Park and Ride in 2022 was a high priority. As a result, transportation staff worked with the Pitkin County Community Development Department, CDOT, and the City of Aspen Attorney’s Office to make this happen in 2022. While Pitkin County Community Development worked to streamline the permit amendment and approval process, CDOT amended their typical process to allow the City of Aspen to sublet to the vendor instead of having a lease signed directly with CDOT (saving up to two months). In order to streamline the vendor selection process, the Transportation Director contacted vendors who had previously expressed interest but did not submit a proposal in previous years to see if there was current interest (this is the first time a vendor has submitted a proposal). One vendor expressed interest in setting up at the Park and Ride in 2022 and has been onsite since spring 2022. Electric service was also installed onsite for the vendor’s use this season. The vendor is permitted to operate between 6 am and 6 pm between May 1 and September 30. While the current permit is only for one season and the Park and Ride is anticipated to be under construction in 2023, the vendor understands that it is unlikely the food truck will be able to be onsite in 2023. In the longer term, Staff anticipates submitting a Location and Extent permit application to Pitkin County in 2023 to make the placement of a food truck at the Park and Ride a regular seasonal event starting in 2024. 140 c.Town of Snowmass Village Transit Center – Progress Update (Provided by Sam Guarino, Transportation Director, Town of Snowmass Village) _____________________________________________________________________________________ 141 BUDGETARY IMPACT: None at this time. RECOMMENDED ACTION: None at this time. ATTACHMENTS: 1.2021 EOTC Near Term Transit Improvement Program with Project Tracking 142 Project Name IMS Tenant Project Attribute(s) Relative  Implementation  Cost ($‐$$$)Notes Project Tracking Tier 1 Aspen Country Inn Trail  Improvements to Bike /  Ped Underpass and  Transit Stops at Truscott  and Buttermilk ** BRT  Enhancements Higher value to dollar ratio $ Important bike / ped connection to  transit for senior housing and service  destinations. Basic infrastructure  connection. Move to concept plan in  2021. PROGRAMMING: 2022/2023 Feasibility,  Planning, Design, Stakeholder  Engagement, Construction Funding  Identification ‐ Budget $200k & Work  Plan; Cost Estimate: $200k total design,  $1,050,000 total construction = Total  $1.25M (Mead and Hunt ‐ 8‐19‐21).   RFP closed April 8, 2022. 2 proposals  received. SGM under contract. Public  Outreach and Design beginning in  summer/fall 2022. Report out in 2023.  Design and Feasibility  Review of Maroon Creek  Roundabout Down Valley  Channelization and Down  Valley Queue Jump at  Cemetery Lane  ** BRT  Enhancements Higher value to dollar ratio $$ (design only) Move to design and permitting to  further evaluate feasibility. Initial  rollout anticipated as an experiment.  Requires CDOT approved design and  permitting. Potential benefit to all  motorized roadway users including  transit. Channelization likely to be  seasonal due to snow removal issues.  Move to concept plan in 2021. Fatal Flaw Identified, STOP 8‐26‐21 ‐  Radii analysis shows incompatibility  with WB‐67s and RFTA MCI Coaches;  Cost Estimates: $30k queue jump &  $25k channel design, $200k queue  jump & $21,500 channelization install =  Total $276,500 (Mead and Hunt ‐ 8‐19‐ 21).  Design and Feasibility  Review of Harmony / Owl  Creek Transit Signal  Bypass Lane and  Buttermilk Bike / Ped  Crossing ** BRT  Enhancements Higher value to dollar ratio $$ (design only) First move to design to make eligible  for funding. Superior bike / ped  protection crossing Hwy 82 and  increased transit speed and reliability.  High construction cost. Move to  concept plan in 2021. PROGRAMMING: 2022/2023 Feasibility,  Stakeholder Engagement, and Initial  Design ‐ Budget $200k & Work Plan;  Cost Estimate: $830k underpass /  bypass lane design, $8.570M  construction = Total $9.4M (Mead and  Hunt ‐ 8‐19‐21). RFP closed April 8,  2022. 1 proposal received. SGM under  contract. Public Outreach and Design  beginning in summer/fall 2022. Report  out in 2023. HOV Lane Enforcement  Analysis HOV Lane  Enforcement Important Preliminary Effort $ (analysis only) Necessary to determine best  alternatives for HOV enforcement  options (automated vs. personnel).  Could require a phased  implementation. PROGRAMMING: 2022 Staff Analysis /  2023 Implementation. EOTC gave  direction to move forward with  budget/enforcement at May 2022 Mtg.  $90k budget proposed for 2023 w/  $60k to PitCo SO and $30k to CSP on  reimbursement basis. Enforcement to  be combined with public outreach.  Budget to be proposed to EOTC in  October. Analysis of Up Valley and  Down Valley BRT Direct  Service to Snowmass  BRT  Enhancements Higher value to dollar ratio $ (analysis only) Aspen to Snowmass, and Snowmass to  down valley transit connection analysis  to evaluate transit effectiveness and  efficiency, and determine cost,  frequency, and expected utilization of  increased/enhanced service levels.   Current BRT connecting service to  remain in place. PROGRAMMING: 2022 Budget $50k &  Work Plan. Currently recruiting for  consulting team ‐ RFP advertised,  closed 2/11/22. Marc Warner of  Warner Transportation is under  contract for study. Study in progress.  Report out in 2023.  Additional Permanent  Automated Vehicle  Counters on Brush Creek  Road, Owl Creek Road,  Airport/AABC and  Highway 82 in Pitkin  County Congestion  Reduction  Measures Important Preliminary Effort $$ Additional vehicle counters are  necessary to monitor program success,  VMT and greenhouse gas emissions  over the long term. PROGRAMMING: 2022/2023 Planning,  Permitting, Design, and Install Budget  $287k & Work Plan. No responses to  RFP received in 2022. Project  postponed. Design to be conducted by  PitCo Telecomm in Fall 2022.  Anticipated bid advertising in Winter  2022 for Spring 2023 construction. 2021 EOTC Near‐Term Transit Improvement Program ‐ Approved July 29, 2021 ‐ Administrative Direction ‐ UPDATED 09‐23‐22 First Priority ‐ Higher value* to dollar ratio and / or Important preliminary effort Attachment 1 143 Tier 2 Pilot Ridesharing app for  Commuters Ride Sharing Dependent on Tier 1 Effort $‐$$ Effort dependent on HOV lane  enforcement implementation for  highest level of effectiveness. May be  able to use results of RFTA's 2021 First  Last Mile Mobility (FLMM) Study to  guide this effort. Ongoing cost and staff  time unknown. Pending Analysis of Regional Ride  Hailing and Car Sharing  Service Ride Sharing  and Ride Hailing Lower value to dollar ratio $ (analysis only) Potentially lower relative benefits to  transit ridership, GHG emissions, and  VMT reductions. Analysis necessary to  determine service scope, type and  ensure service supports transit. May be  able to use results of RFTA's 2021 First  Last Mile Mobility (FLMM) Study to  guide this effort. Pending Analysis of Valley Wide  Commuter Parking, EV  Charging, and Ride Hailing  / Sharing Pick Up / Drop  Off Locations Congestion  Reduction  Measures, Ride  Sharing, and  Ride Hailing Important Preliminary Effort $  (analysis only) Necessary to determine amount and  location of needed parking, appropriate  parking pricing, and incentives via EV  charging placement to encourage  transit ridership. Pending Tier 3 Service Center Road  Signalization and Hwy 82  Brush Creek P&R to  Airport Speed Limit  Reduction BRT  Enhancements Hold status due to dependence  on efforts outside EOTC purview  and Significant legal hurdles $$ Relatively expensive improvement.  Gains in vehicular and bike / ped safety  accessing transit. Hold due to ongoing  design of new airport terminal and  layout. Speed limit reduction to be  reviewed by CDOT and possibly  incorporated with signalization of  intersection. Would require amending  Access Control Plan with CDOT. Hold Extension of HOV Lanes  Up Valley from Airport  and / or Down Valley of  Maroon Creek  Roundabout BRT  Enhancements Significant legal hurdles and  Significant cost $$ Initial construction cost of exclusive bus  lanes must be reimbursed to EOTC if  any loss of exclusive bus lanes occurs.  Source of reimbursement funds is  unknown and amount of initial  construction cost reimbursement could  be high. Potential conflicts with ROD.  Only to be pursued if 1) no loss to bus  only lane can be achieved and 2)  effective HOV lane enforcement is in  place. Hold Dynamic Road Pricing  (Cordon Pricing or  Managed / HOT Lane) Congestion  Reduction  Measures Significant legal hurdles and  Significant cost $$$ Significant legal hurdles as State law  would need to be amended to allow for  cordon pricing. Cordon pricing or  managed lane would require significant  permitting, operational infrastructure,  and partnerships. Implementation,  public relations and maintenance costs  expected to be high for either cordon  or managed lanes. Potential legal  hurdles if bus only lanes are converted  to HOT lanes. Amendment or new Hwy  82 EIS / ROD is necessary. Additional  analysis is necessary. Could have  significant positive impacts on GHG  emissions and VMT if implementable. Presentation and Discussion of  Alternatives at April 28, 2022 EOTC  Retreat. Feedback from EOTC at  Retreat to continue evaluation of both  All‐Lane Pricing and Managed Lanes.  Scope of Work solicited from Fehr and  Peers. 2023 analysis budget included in  EOTC 2023 budget. Report out in 2023. Sage Way Sidewalk  Extension BRT  Enhancements Hold status due to dependence  on efforts outside EOTC purview $ Hold pending implementation of Access  Control Plan to be triggered by Airport  redevelopment and/or large  developments within the AABC. Hold. Potential implementation as a  part of BC P&R to AABC Trail  Connection. Second Priority ‐ Lower value* to dollar ratio and / or Dependent on Tier 1 effort Third Priority ‐ Hold status due to dependence on efforts outside EOTC purview, Significant cost, and / or Significant legal hurdles Attachment 1 144 Signal Timing for Transit  Speed and Reliability  Improvement BRT  Enhancements Not to be pursued at this time $$ Limited deployment in Pitkin County  modeling showed very little  effectiveness. Additional modeling for  entire Hwy 82 corridor may  demonstrate ability to substantively  improve transit speed and reliability. N/A Airport Terminal BRT  Routing BRT  Enhancements Not to be pursued at this time $$$ Dependent on Airport terminal  redevelopment. Very expensive  improvement as down valley BRT line  would need to be grade separated to  and from the Airport in order to  maintain current transit times. Gains in  access at airport terminal only with  possible detriment to greater BRT  system. Significant transit operational  issues to be overcome. Other options  should be analyzed first. N/A HAWK Beacon at Aspen  Country Inn BRT  Enhancements Significant cost $$ Relatively significant implementation  cost relative to number of users.  N/A * "Value" is determination based on efforts' ability to support transit through increased access, speed and reliability; reduce greenhouse gas emissions (GHG); and reduce vehicle  miles traveled (VMT) ** Efforts are proposed to be carried forward in the second half of 2021 for development of conceptual design by Mead and Hunt utilizing remaining UVTE study funds Other Efforts Considered ‐ Not to be Pursued at this Time Attachment 1 145